KFN
NORTH CAROLINA
REGISTER
y
VOLUME 10 • ISSUE 22 • Pages 2816 - 2954
February 15, 1996
IN THIS ISSUE
Final Decision Letters
Acupuncture Licensing Board
Environment, Health, and Natural Resources
General Contractors, Licensing Board for
Human Resources
Insurance
Medical Examiners
Revenue
Substance Abuse Professionals Certification Board
List of Rules Codified
Real Estate Commission
Rules Review Commission
Contested Case Decisions
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 27611-7447
Telephone (919) 733-2678
Fax (919) 733-3462
!5Jv KW3iB3
It £:aB
530 «
rtB 20 1996
KATHP-IiVE R EVERETT
LAW LISmARY
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 1.13
Digitized by the Internet Archive
in 2011 with funding from
University of North Carolina at Chapel Hill
http://www.archive.org/details/northcarolinareg1022nort
NORTH CAROLINA
Volume 1 O, Issue 22
Pages 2e 1 6 - 2954
February 1 5, 1 996
This issue contains documents officially
filed through January 25, 1996.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann IE, Director
James R. Scarcella Sr. , Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Teresa Kilpatrick, Editorial Assistant
Jean Shirley, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
Public Notice
Environment, Health, and Natural Resources . . . 2816-2826
Voting Rights Act 2827 - 2828
II. RULE-MAKING PROCEEDINGS
Human Resources
Child Day Care Standards 2829
Environment, Health, and Natural Resources
Wildlife Resources and Water Safety 2829
Licensing Boards
General Contractors, Licensing Board for 2829
Real Estate Commission 2829 - 2830
III. PROPOSED RULES
Environment, Health, and Natural Resources
Marine Fisheries 2833
Human Resources
Medical Assistance 2831
Insurance
Actuarial Services Division 2832-2833
Life and Health Division 2831-2832
Licensing Boards
Acupuncture Licensing Board 2834-2835
Medical Examiners 2835-2850
Substance Abuse Professionals Certification
Board 2850-2859
Revenue
Individual Income Tax Division 2833-2834
IV. TEMPORARY RULES
Licensing Board
Acupuncture Licensing Board 2860-2861
V. LIST OF RULES CODIFIED 2862 - 2869
VI. RRC OBJECTIONS 2870-2889
VII. CONTESTED CASE DECISIONS
Index to AU Decisions 2890 - 2908
Text of Selected Decisions
93 EHR 1285 2909-2912
95 ABC 0995 2913-2915
95 CSE 0388 2916-2917
95 OSP 0840 2918-2925
VIII. CUMULATIVE INDEX 2927-2954
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IN ADDITION
t
PUBLIC NOTICE
North Carolina Department of Environment, Health and Natural Resources
Division of Solid Waste Management
Post Office Box 27687
Raleigh, North Carolina 27611-7687
(919) 733-2178
Notice is hereby given of the Division of Solid Waste Management's intent to enter into an Administrative Order
on Consent (Consent Order) pursuant to Article 9, N.C.G.S. Chapter 130A with the Seaboard Group U and the City of High
Point (the Respondents) in order to authorize the Respondents to undertake a remedial investigation consistent with the
National Contingency Plan at the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive,
Jamestown, Guilford County, North Carolina and the adjacent City of High Point former Riverdale Drive Landfill, which
are collectively referred to as "the Site."
The public comment period will extend for thirty (30) days following the publication of this notice. Comments
regarding the Consent Order should be sent within this time frame and should be addressed to: William L. Meyer, Director,
Division of Solid Waste Management, at the above address.
All documents relating to the Site are available as part of the administrative record and can be reviewed at the
following location during office hours (9:00 a.m. to 4:00 p.m.), Monday through Friday:
Hazardous Waste Section
401 Oberiin Road, Room 150
Raleigh, North Carolina 27605
call (919) 733-2178, extension 311 for appointment
>
►
NORTH CAROUNA DEPARTMENT OF ENVIRONMENT, HEALTH AND
NATURAL RESOURCES
DIVISION OF SOUD WASTE MANAGEMENT
IN RE:
FORMER SEABOARD CHEMICAL CORPORATION FACIUTY
and
CITY OF HIGH POINT RIVERDALE DRIVE LANDHLL
Jamestown, North Carolina
ADMINISTRATIVE ORDER
ON CONSENT PURSUANT TO ARTICLE 9,
N.C.G.S. CHAPTER 130A
TTie following constitutes the agreement of the parties hereto. The members of the Seaboard Group II and the City
of High Point, Respondents hereunder, concur with the Findings of Fact and Conclusions of Law contained herein solely
for purposes of this Administrative Order on Consent (Consent Order).
I. DEFEVmONS
The following definitions apply to terms appearing in this Consent Order unless otherwise indicated.
A. "CERCLA" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of
10:22 NORTH CAROLINA REGISTER February 15, 1996 2816
IN ADDITION
1980 as amended by the Superfimd Amendments and Reauthorization Act ("SARA") of 1986, codified at
42 U.S.C. § 9601, et seq.
B. "City" shall mean the City of High Point, North Carolina, a municipal corporation organized and existing
under the laws of the State of North Carolina.
C. "Department" shall mean the North Carolina Department of Environment, Health and Natural Resources.
D. "Director" shall mean the Director of the Division of Solid Waste Management of the North Carolina
Department of Environment, Health and Natural Resources.
E. "Division" shall mean the Division of Solid Waste Management of the North Carolina Department of
Environment, Health and Natural Resources.
F. "Former Seaboard Chemical Corporation facility" shall mean the property formerly owned and operated
by Seaboard Chemical Corporation at 5899 Riverdale Drive, Jamestown, Guilford County, North Carolina,
EPA Identification No. NCD-071-574-164.
G. "Landfill" shall mean the City of High Point's former Riverdale Drive Landfill, Jamestown, Guilford
County, North Carolina.
H. "National Contingency Plan" shall mean the national contingency plan for removal of oil and hazardous
substances established pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, and codified at 40 CFR
Part 300.
I. "RCRA" shall mean the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq .
J. "Remedial Investigation Work Plan" shall mean the workplan for the remedial investigation of the Site,
attached hereto as Exhibit 2.
K. "Respondents" shall mean collectively the City of High Point ("City") and members in good standing of
the Seaboard Group 11 ("Group") who are signatories to this Consent Order.
L. "Seaboard Group I" shall mean an unincorporated association of parties which undertook a surface removal
action and initial remedial site inspection at the former Seaboard Chemical Corporation facility.
M. "Seaboard Group 11" or "Group" shall mean the Seaboard Group 11, an unincorporated association of
parties formed to conduct certain further response actions at the former Seaboard Chemical Corporation
facility.
N. "Secretary" shall mean the Secretary of the North Carolina Department of Environment, Health and Natural
Resources.
0. "Site" shall mean the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive,
Jamestown, North Carolina, EPA Identification No. NCD-071-574-164, which is under the control of the
Trustee in Bankruptcy of the Seaboard Chemical Corporation, and the City of High Point former Riverdale
Drive Landfill which is adjacent to the former Seaboard Chemical Corporation facility, as depicted on
Exhibit 1.
1. JURISDICTION
The Secretary of the Department has authority to enter into this Consent Order pursuant to Article 9 of
Chapter 130A of the North Carolina General Statutes, N.C.G.S. § 130A-290, et se^. The Secretary has delegated
this authority to the Director of the Division.
n. PARTIES
2817 NORTH CAROLINA REGISTER February 15, 1996 10:22
IN ADDITION
I
This Consent Order is entered by and among:
A. The North Carolina Department of Environment, Health and Natural Resources, Division of Solid
Waste Management ("Division");
B. The members in good standing of the Seaboard Group n who are signatories to this Consent
Order; and
C. The City of High Point ("City").
m. INTRODUCTION AND STATEMENT OF PURPOSE
A. The City owns and formerly operated the Landfill located on Riverdale Drive, Jamestown, Guilford
County, North Carolina. Since 1974, the Landfill has been permitted to receive solid, non-hazardous waste
for disposal under DHS Permit No. 41-01. Prior to the estabUshment of the State Solid Waste Management
Program, the City operated the Landfill for disposal of solid wastes, including the operation of pits where
solvents were burned in the late 1960's. The Landfill is located on approximately 125 acres of gently
rolling terrain bordering on the west bank of the Deep River, and lies about 2 miles east of High Point.
The Landfill is bordered on the south by Riverdale Drive and the former Seaboard Chemical Corporation
facility.
On or about January 4, 1991, the Division issued an Administrative Order to the City requiring the City
to address groundwater and surface water conditions in the vicinity of the Landfill. On or about May 30,
1991, the City submitted to the Division a Work Plan for assessing the ground and surface water conditions
in the vicinity of the Landfill. On or about June 25, 1991, the City and the Division entered into an
Administrative Consent Order Docket No. 91-SW-l pursuant to which the City was ordered to perform
the actions set forth in the approved Work Plan. The City completed specific tasks set forth in the
approved Work Plan.
The City of High Point discontinued active landfill operations at the Landfill in October 1993. The Landfill
has been capped with at least two feet of cover soil, with vegetation to prevent erosion.
■ By letter dated March 6, 1995 to Mr. Perry Kairis, Director of Public Works for the City of High Point,
I the Solid Waste Section of the Division required the City to submit a plan for the next phase of
groundwater contamination assessment at the Landfill. The Division encouraged the City to cooperate with
the members of the Seaboard Group II to assess groundwater contamination at both the former Seaboard
[ Chemical Corporation facility and the Landfill (collectively referred to herein as "the Site").
i
I B. Seaboard Chemical Corporation operated a facility for the treatment, storage and/or disposal of solid waste,
I including ha2ardous waste and hazardous substances, at property located at 5899 Riverdale Drive,
I Jamestown, Guilford County, North Carolina from 1974 until 1989. Among other activities. Seaboard
I Chemical Corporation engaged in solvent distillation and recycling and blending of high-BTU substances
for sale as fuel. On or about November 15, 1989, Seaboard Chemical Corporation discontinued operations
f and filed for bankruptcy in the U.S. Bankruptcy Court. A substantial quantity of hazardous waste and/or
substances remained at the Seaboard Chemical Corporation facility in drums, tanks, equipment and
structures.
I
I The Trustee in Bankruptcy for Seaboard Chemical Corporation retained Four Seasons Industrial Services,
> Inc. to remove a portion of the hazardous waste and/or substances contained in tanks and drums at the
I Seaboard Chemical Corporation facility using funds from the post closure trust fund letter of credit held
I by the State of North Carolina and monies from the North Carolina Emergency Response Fund. The
Trustee had insufficient funds to complete the removal of hazardous waste and/or substances from the
I Seaboard Chemical Corporation facility.
)
>
On or about May 29, 1992, William W. Cobey, Jr., Secretary of the North Carolina Department of
Environment, Health and Natural Resources ("Department") issued an Imminent Hazard Order pursuant
to N.C.G.S. § 130A-303 concerning solid waste at the former Seaboard Chemical Corporation facility.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2818
IN ADDITION
The Secretary determined that the Trustee in Bankruptcy for Seaboard Chemical Corporation was incapable
of maintaining containment of the hazardous waste and/or substances. The Secretary ordered all
generators, transporters, owners and/or operators of the Seaboard Chemical Corporation facility to abate
the imminent hazard then existing at that facility by removing and disposing of hazardous waste and
hazardous substances contained in tanks, pipes, equipment and structures at the facility and by undertaking
a preliminary investigation of soil and groundwater contamination at the former Seaboard Chemical
Corporation facility.
On or about May 29, 1992 an Administrative Order on Consent ("AOC") concerning the former Seaboard
Chemical Corporation facility was entered into between the Division and the members of Seaboard Group
I. Pursuant to the AOC, the members of Seaboard Group I agreed to address conditions at the former
Seaboard Chemical Corporation facility which the Secretary deemed to create an imminent hazard. The
members of Seaboard Group I agreed to undertake, perform and finance certain actions at the facility as
described in the Work Plan For Surface Removal ("Removal Work Plan") submitted to the Division on
November 15, 1991 and attached as Appendix B to the AOC.
On or about September 1992, the members of Seaboard Group I completed the Surface Removal as
described in the Removal Work Plan. All liquids, sludges and other waste materials, including all
hazardous waste and/or substances contained in tanks, pipes, equipment and structures were removed from
the facility; the aboveground tanks, equipment and vessels were decontaminated to remove residual wastes;
and miscellaneous solid wastes were collected and disposed of properly. By letter dated February 18, 1993
to the Trustee in Bankruptcy of Seaboard Chemical Corporation, the Division acknowledged completion
of the Removal Work Plan.
The members of Seaboard Group I also contracted with Geraghty & Miller, Inc. to conduct a Remedial
Site Inspection to fulfill the directive of the Secretary's Imminent Hazard Order requiring a preliminary
investigation of soil and groundwater contamination at the former Seaboard Chemical Corporation facility.
Geraghty & MUler conducted the Remedial Site Inspection pursuant to the Work Plan for Remedial Site
Inspection (August 1992) approved by the Division in October of 1992. The Work Plan for Remedial Site
Inspection was implemented in late 1992 through February 1993. The Final Report on the Remedial Site
Inspection was submitted to the Division in May of 1993.
By letter dated July 28, 1993 to the Trustee in Bankruptcy of Seaboard Chemical Corporation, the Division
acknowledged that the tasks in the Work Plan had been substantially completed. Completion of the
Removal Work Plan and the Work Plan for Remedial Site Inspection abated the imminent hazard
determined by the Secretary to then exist at the Seaboard Chemical Corporation facility.
C. This Consent Order is entered into for the purpose of further addressing the Site. In entering into this
Consent Order, the objective of the parties is implementation of a Remedial Investigation of the Site as set
forth in the Remedial Investigation Work Plan appended hereto as Exhibit 2.
IV. FINDINGS OF FACT
A. "The Site" is the former Seaboard Chemical Corporation facility located at 5899 Riverdale Drive,
Jamestown, North Carolina, EPA Identification No. NCD-07 1-574- 164, which is currently under the
control of the Trustee in Bankruptcy of Seaboard Chemical Corporation, and the City of High Point former
Riverdale Drive Landfill which is adjacent to the former Seaboard Chemical Corporation facility, as
depicted in Exhibit 1.
B. Treatment, storage and/or disposal of hazardous substances has occurred at portions of the Site.
C. Municipal sohd waste, including industrial waste, was disposed in the landfill for approximately forty (40)
years.
D . Soil sampling at the Site has revealed the presence of volatile organic compounds and semi-volatile organic
compounds, including but not limited to acetone, 1,2-dichlorobenzene, 1,1-dichloroethene, 1,2-
dichloroethene (total), methylene chloride, 1,1,1-trichloroethane, phenol, and naphthalene, bis-2 ethyl hexyl
2819 NORTH CAROLINA REGISTER February 15, 1996 10:22
IN ADDITION
phthalate, and 1,2,4 trichlorobenzene.
E . Groundwater sampling at the Site has revealed the presence of volatile organic compounds and semi-volatile
organic compounds, including but not limited to acetone, benzene, 1,1-dichloroethane, 1,2-dichloroethane,
1 , 1 -dichloroethene, 1,2-dichloroethene (total), methylene chloride, 1,1,1-trichloroethane, phenol, and
naphthalene.
V. CONCLUSIONS OF LAW
A. The substances identified in Sections IV. D and E above are "hazardous substances" as defined in
CERCLA.
B. Disposal of hazardous substances referred to in the preceding paragraph has occurred at portions of the
Site.
C. There has been a release or threatened release of hazardous substances at the Site.
D. Solely for purposes of this Consent Order and without admitting liability or fault, the City of High Point
and the members of the Seaboard Group n are owners, operators or other responsible parties in relation
to the Site within the meaning of Article 9 of Chapter 130A of the North Carolina General Statutes,
N.C.G.S. 130A-290, et sefl. and CERCLA.
E. This Consent Order is authorized pursuant to the power of the Secretary under Article 9 of Chapter 130A
of the North Carolina General Statutes and by delegation to the Director, to enter into agreements with
owners, operators, and/or other resjxmsible parties for implementation of remedial investigation programs
in accordance with remedial investigation work plans approved by the Department.
VI. WORK TO BE PERFORMED
All work performed under this Consent Order shall be under the direction and supervision of a professional
engineer or a licensed geologist with expertise in hazardous substance site cleanup. Respondents shall enter into
a contract with the Contractor(s) to perform the Remedial Investigation Work Plan within sixty (60) days of the
effective date of this Consent Order.
A. Respondents shall begin the Remedial Investigation in accordance with the Remedial Investigation Work
Plan attached hereto as Exhibit 2 within thirty (30) days after awarding of the contract for performance of
the Remedial Investigation Work Plan.
B. Respondents shall adhere to the schedule set forth in the Remedial Investigation Work Plan to the extent
practicable except as may be modified by agreement of the parties in writing, or for good cause as
described in Section IX.
C. Upon completion of the Remedial Investigation, Respondents shall submit to the Division four (4) copies
of a Remedial Investigation Report ("Rl Report") documenting implementation of the Work Plan.
D. In the event the Director finds that any part of the RI Report is deficient, he shall so notify the
Respondents. Within 30 days of receipt of such notice, the Respondents shall submit to the Director either
(1) data, information, material and/or a plan to correct such claimed deficiency, or (2) objections to the
Director's notice of deficiency and the reason(s) for such objections. In the event the Respondents submit
objections, the parties shall in good faith endeavor to resolve such objections. If such objections cannot
be resolved within 30 days, then the objections shall be subject to the dispute resolution provisions set forth
at Part X of this Consent Order.
E. The Director shall notify the Respondents in writing when he determines that the RI Report is complete.
However, if the Director fails to notify the Respondents within 60 days after the Respondents have
submitted the RI Report to the Director either that he has determined the RI Report to be complete or that
the RI Report is deficient, then the RI Report shall be deemed to be satisfactory and complete.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2820
IN ADDITION
F. The parties agree that work performed in accordance with the Work Plan attached hereto as Exhibit 2 will
be consistent with the National Contingency Plan.
Vn. FURTHER SITE WORK
Further necessary work at the Site, if any, including interim response measures, may be undertaken in
accordance with a separate and further Consent Order(s) or pursuant to other authority.
Vm. SAMPLING, ACCESS, AlNfD DATA/DOCUMENfT AVAILABILITY
A. The Division or its representatives shall be permitted to take split or duplicate samples of any samples
collected by the Remedial Investigation ("RI") Contractor pursuant to this Consent Order. The RI
Contractor shall notify the Division not less than ten (10) days in advance of any field activity. This
notification may be given verbally in the field by the RI Contractor to the Division.
B. The Respondents shall be permitted to take split or duplicate samples of any samples collected by the
Division, and the Division shall give Respondents prior reasonable notice of such sampling .
C. While this Consent Order is in effect. Division personnel and their representatives may to the extent
authorized by the Trustee in Bankruptcy of the Seaboard Chemical Corporation, in addition to exercising
any related legal rights, enter the Site without notice at all times and, while present: review the progress
of activities required by this Consent Order; conduct such tests as the Division deems necessary, verify the
data submitted to the Division by Respondents; inspect and copy any and all records, files, photographs,
operating logs, contracts, sampling and monitoring data, and other documents relating in any way to this
Consent Order; and otherwise assess Respondents' compliance with this Consent Order. All parties with
access to the Site pursuant to this paragraph shall comply with all approved health and safety plans.
D. Unless a claim of confidentiality pertaining to any documents or other information provided to the Division
under this Consent Order is made pursuant to law and adequately substantiated when the information is
submitted, such information may be made available to the public by the Division without further notice to
the Respondents. The Respondents agree that under no circumstances shall analytical data generated
pursuant to this Consent Order be considered confidential.
E. If Respondents are unable by reasonable efforts to access property as necessary pursuant to this Consent
Order, the Division shall promptly assist Respondents in obtaining access upon receipt of a request
submitted in writing to the Director.
IX. DELAY IN PERFORMANCE
As soon as Respondents become aware of any fXDtential for delay, they shall submit to the Division written
documentation of the reasons for the delay and the efforts to be made by Respondents to avoid such potential delay,
as well as a time by which such work reasonably can be completed. The Division shall review the documentation
and shall promptly approve the new schedule if good cause is shown, such approval not to be unreasonably
withheld. Good cause may include, but is not limited to, extraordinary weather, natural disasters, emergencies and
the inability to obtain p>ermits or approvals from any federal, state, or local agency or body politic. At a minimum,
good cause does not include normal inclement weather, reasonable increases in the cost of work to be performed
under this Consent Order, financial difficulty for Respondents in performing such work, failure by Respondents to
satisfy the obligations under this Consent Order (whether evidenced by a notice of deficiency or not), acts or
omissions of Respondents" contractors or the failure of the Respondents' contractors or representatives to make
complete and timely application for any required approval or permit. The Respondents will bear the burden of
demonstrating good cause for delay, and that the delay proposed is warranted.
X. DISPUTE RESOLUTION
A. If either the City or the Group disagrees either in whole or in part with any decision of the Division, it
shall notify the Division within 30 days of receipt of the disapproval or other decision. The parties shall
have an additional 30 days to resolve the dispute. If agreement is reached, the resolution shall be reduced
2821 NORTH CAROLINA REGISTER February 15, 1996 10:22
IN ADDITION
I
\
)
to writing, signed by each party and incorporated thereupon into this Consent Order. If agreement is not
reached, the Parties agree to engage in mediation using a mediator mutually agreed upon by the Parties.
If the Parties cannot agree on a mediator, the Chairperson of the Dispute Resolution Section of the N.C.
Bar Association shall appoint a mediator. If agreement is not reached through mediation, the Division shall
issue a final decision on the dispute, in writing, to inform Respondents of the decision by the Division.
B. Either the City or the Group may, within 15 days of service of the final decision, commence a contested
case by filing a petition under N.C.G.S. 150B-23. Hearings shall be conducted in accordance with the
provisions of the North Carolina Administrative Procedures Act, N.C.G.S. 150B-22 et seq .
C. The dates or deadlines in the Work Plan shall be extended automatically in circumstances where the City
or the Group in good faith seek resolution of any dispute arising in connection with this Consent Order.
Such extensions shall be for such period of time as shall be reasonably necessary to engage in meaningful
dispute resolution pursuant hereto.
XI. PUBLIC PARTICIPATION
The Director shall undertake a program of public participation, including opportunity for notice and
comment as appropriate, in substantial conformance with the National Contingency Plan and applicable North
Carolina law.
Xn. CONTRIBUTION PROTECTION
A. Pursuant to 42 U.S.C. § 9613(f)(2), this Consent Order is an administrative settlement with the State of
North Carolina. The Division acknowledges that by the Parties' entry and Respondents' performance of
this Consent Order, the Division extends contribution protection to the Respondents to the fullest extent
possible under applicable federal, state and common law, including without limitation the contribution
protection provided in accordance with 42 USC § 9613(f)(2).
However, this Consent Order does not discharge any person, whether or not a signatory to this Consent
Order, from any claims pursuant to CERCLA § 9607, CERCLA § %13 or any other statutory or common
law relating to costs incurred in connection with hazardous substances that the person arranged to dispose
or treat at the Landfill or that the person transported to the Landfill. This Consent Order also does not
discharge claims brought against a member of the Seaboard Group II that is not a signatory to this Consent
Order or that fails to pay its share of the costs of implementing the Group's obligations under this Consent
Order as determined in accordance with the Seaboard Group n Joint Defense and Participation Agreement.
"Matters addressed" in this Consent Order shall include the work identified in Section VI of this Consent
Order, costs already incurred by the Division in connection with the Site and costs to be incurred by the
Division in oversight of the activities described in this Consent Order.
Xm. OTHER CLAIMS AND PARTIES
Nothing in this Consent Order shall constitute or be construed as a release of any claim, cause of action
or demand in law or equity against any person, individual, firm, partnership, corporation or other entity not a
signatory to this Consent Order including, but not limited to, any liability it may have arising out of or relating in
any way to the generation, storage, treatment, handling, transportation, release or disposal of any hazardous
constituents, hazardous substances, hazardous wastes, pollutants, or contaminants found at, taken to, released at,
or taken from the Site. Upon request of Respondents, the Division agrees to provide reasonable assistance with
enforcement of Respwndents' claims against such third parties. The assistance referred to herein may include, but
shall not be limited to, making records available which relate to this matter, providing statements or testimony of
staff upon notification when such assistance is relevant to the proceedings, or such other enforcement assistance as
is reasonable and appropriate.
The Division hereby expressly reserves a cause of action for any claims of whatever kind or nature not
subject to this Consent Order which it may have or hereafter acquire against any other person or persons not
afforded protection hereunder.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2822
IN ADDITION
XIV. COVENANT NOT TO SUE
Subject to any reservations of rights in this Consent Order, the Parties intend that by entering into and
carrying out the terms of this Consent Order, Respondents will have resolved the entirety of their respective alleged
Uabilities to the State of North Carolina under all applicable federal, state, and local laws and regulations for matters
addressed in this Consent Order. Performance of the activities described in the Remedial Investigation Work Plan
attached hereto will satisfy the requirements for a remedial investigation and/or facility investigation pursuant to
Article 9 of N.C.G.S. Chapter 130A, CERCLA and RCRA.
Upon completion of the activities described in this Consent Order, the State of North Carolina hereby
releases and covenants not to sue or to take any other civil or administrative action against the City and all members
in good standing of the Group who are signatories to this Consent Order for matters addressed in this Consent
Order.
The Division reserves the right to sue if conditions at the site, which were previously unknown, are
discovered or new information is received, and the Division Director finds, based on these previously unknown
conditions or new information, that the Remedial Investigation Work Plan is incomplete and that the scope of work
is not protective of human health or the environment.
The parties acknowledge that the Division's covenant not to sue does not extend to the remediation of any
soil and/or groundwater contamination that may exist at the Site which the Respondents may commit to undertake
at some future date.
For purposes of this provision, the phrase "matters addressed" shall include the undertaking of a Remedial
Investigation of the Site. "Matters addressed" also includes costs already incurred by the Division in connection
with the Site, and costs to be incurred by the Division in oversight of the activities described in this Consent Order.
XV. PUBLIC NOTICE AND EFFECTIVE DATE
Upon execution of this Consent Order by the Division and by an authorized representative of each
Respondent, the Division shall cause public notice of this Consent Order to be published in the North Carolina
Register, and shall thereby solicit public comment on this Consent Order. This Consent Order shall become
effective 30 days after such publication, unless the Parties agree that this Consent Order shall be modified in view
of public comment.
XVI. ADDITIONAL PROVISIONS
A. All documents submitted to the Division pursuant to this Consent Order should be sent by certified mail,
return receipt requested, by overnight delivery or other equivalent service, or hand delivered to:
William L. Meyer, Director
Division of Solid Waste Management
North Carolina Department of Environment, Health
and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605-1350
with a copy to:
Judith R. Bullock, Esq.
Assistant Attorney General
Department of Justice
P. O. Box 629
Raleigh, NC 27602-0629
The Division will direct all correspondence to:
2823 NORTH CAROLINA REGISTER February 15, 1996 10:22
IN ADDITION
Amos C. Dawson HI, Esq.
Group Counsel, The Seaboard Group 11
Maupin Taylor Ellis & Adams, P. A.
P. O. Drawer 19764
Raleigh, NC 27619-9764
with a copy to:
Gary R. Letcher, Esq.
Chairman, Executive Committee
The Seaboard Group 11
The Marker Firm
Suite 740
5301 Wisconsin Avenue
Washington, D.C. 20015
and
Randy C. Smith
Administrator, The Seaboard Group II
American Environmental Consultants
30 Purgatory Road
Mont Vernon, NH 03057-0310
and to:
Honorable Rebecca Smothers
Mayor
City of High Point
211 South Hamilton Street
Post Office Box 230
High Point, NC 27261
with a copy to:
Stephen W. Earp, Esq.
Smith Helms MuUiss & Moore, L.L.P.
Post Office Box 21927
Greensboro, NC 27420
B. This Consent Order shall be binding upon, and inure to the benefit of, the City and each member in good
standing of the Group who is a signatory to this Consent Order; their respective agents, affiliates,
successors and assigns. The signatory for each Respondent to this Consent Order certifies that he/she is
authorized to execute and legally bind said Respondent as to this Consent Order.
C. Respondents shall provide a copy of this Consent Order to each contractor or other person or entity
retained to perform any work under this Consent Order within seven (7) days after the effective date of
this Consent Order or the date of retaining their services, whichever is later. Respondents shall condition
any such contracts upon satisfactory compliance with this Consent Order. Notwithstanding the terms of
any contract. Respondents are responsible for compliance with this Consent Order and for ensuring that
such contractors or other persons or entities comply with this Consent Order.
D. In the event the Division determines Respondents are in violation of this Consent Order or requirements
established pursuant thereto, the Division may: order Respondents to remedy the violation(s) or
temporarily or permanently halt implementation of this Consent Order; conduct part or all of the
remediation itself and seek cost recovery; and/or take any other action within the Division's enforcement
authority.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2824
^1.
IN ADDITION
E. To protect the public health or the environment, the Division may order a temporary or permanent halt to
Implementation of this Consent Order, or order actions within its authority in addition to or other than those
required hereunder.
F. All actions required pursuant to this Consent Order shall be in accordance with applicable local, state and
federal laws and regulations, unless an exemption regarding particular state or local laws or regulations is
specifically authorized by the Department or other appropriate governmental agency.
G. Respondents shall preserve, for at least six (6) years after termination of this Consent Order, at least one
copy of the Remedial Investigation Work Plan and all correspondence related thereto and of all final
reports, data results and field records relating to the Remedial Investigation in their prassession or in the
possession of their divisions, employees, agents, accountants, contractors or attorneys. After this six (6)
year period. Respondents shall notify the Division at least thirty (30) days prior to the destruction of any
such records and documents. Respondents shall comply with any written request by the Division, prior
to the date set for destruction, to continue to preserve such records and documents or to provide them to
the Division. Respondents may assert any available right to keep particular records and documents, other
than analytical data, confidential.
H. This Consent Order may not be modified without the written consent of the parties. This Consent Order
supersedes all prior orders issued by the Department to the City and all prior agreements between the
Department and the City regarding the Landfill.
I. Except for obligations under Section XII; Section XIII, Section XIV, and Section XVI(B), (D), (E) and
(G) above, this Consent Order shall terminate when Respondents receive written notice from the Division
that all activities required pursuant to this Consent Order have been completed to the Division's
satisfaction.
J. In entering into this Order, the City of High Point and the members of Seaboard Group 11 do not admit
any fact, fault, or Liability whatsoever at the Site, and they retain the right to controvert in any subsequent
proceedings, other than proceedings for the purpose of implementing or enforcing this Consent Order, the
validity of the facts or determinations contained in this Consent Order. Further, the participation by any
party in this Consent Order shall not be considered an admission of liability for any purpyose.
K. The members of Seaboard Group 11 acknowledge that an agreement was reached between the Division and
the Seaboard Group I in the May 21, 1992 Administrative Order on Consent which provided that any
amounts owed by any agency of the State of North Carolina to complete the actions outlined in the
Removal Work Plan would be offset by the past costs in the amount of $87,886.85 which were previously
expanded by the Division at the former Seaboard Chemical Corporation facility. It was further agreed that,
to the extent the North Carolina state agencies' share of the Removal Work Plan costs was less than these
past costs, the excess amount would be applied to any future liability that any North Carolina state agency
might have to the Seaboard Group I. The members of Seaboard Group II acknowledge and agree to be
bound by the aforesaid provision in the May 29, 1992 Administrative Order on Consent. The members
of the Seaboard Group 11 agree that the excess amount of the $87,886.85 in past costs incurred by the
Division above the North Carolina state agencies' share of the costs to perform the Removal Work Plan
shall be applied to any future liability that any North Carolina state agency may have to the Seaboard
Group n.
L. This Consent Order may be executed in multiple counterparts, each of which shall be deemed an original,
but all of which together shall constitute one instrument. Each member of the Seaboard Group 11 desiring
to be a party to this Consent Order shall execute a separate signature page which shall be maintained by
the Seaboard Group D Administrator. A copy of each member's signature page shall be provided to the
City and/or the Division upon request.
THIS CONSENT ORDER is entered into on the day of . 19 .
2825 NORTH CAROLINA REGISTER February 15, 1996 10:22
IN ADDITION
By:
I
William L. Meyer, Director
Division of Solid Waste Management
North Carolina Department of Environment
Health and Natural Resources
By:
Honorable Rebecca Smothers
Mayor
City of High Point
By:
Gary R. Letcher, Esq., Chairman
Executive Committee
The Seaboard Group II
By:
Name (Print):_
Title:
Company Name:
Member, Seaboard Group 11
\
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2826
IN ADDITION
This Section contains public notices that are required to be published in the Register or have been approved by the
Codifier of Rules for publication.
#
U.S. Department of Justice
Civil Rights Division
DLP:DEBR:RJD:jdp Voting Section
DJ 166-012-3 P.O. Box 66128
95-3796 Washington, D.C. 20035-6128
January 29, 1996
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, North Carolina 27602-1151
Dear Mr. Crowell:
This refers to the change to nonpartisan elections, concurrent terms of office, and the implementation schedule
therefor for the Person County School District in Person County, North Carolina, submitted to the Attorney General pursuant
to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 30, 1995; supplemental
information was received on December 12, 1995.
The Attorney General does not Interpose any objection to the specified changes. However, we note that Section
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Deval L. Patrick
Assistant Attorney General
Civil Rights Division
By:
Elizabeth Johnson
Acting Chief, Voting Section
I
2827 NORTH CAROLINA REGISTER February 15, 1996 10:22
IN ADDITION
I
DLP:ZJB:RA:tlb
DJ 166-012-3
95-3709
U.S. Department of Justice
Civil Rights Division
Voting Section
P.O. Box 66128
Washington, D.C. 20035-6128
January 19, 1996
Jesse L. Warren, Esq.
City Attorney
P.O. Box 3136
Greensboro, North Carolina 27402-3136
Dear Mr. Warren:
\
This refers to the annexation (Ordinance No. 95-136) and the designation of the annexed area to District 5 for the
City of Greensboro in Guilford County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the
Voting Rights Act, 42 U.S.C. 1973c. We received your submission on November 20, 1995.
The Attorney General does not interpose any objection to the specified changes. However, we note that the failure
of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. See the
Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Deval L. Patrick
Assistant Attorney General
Civil Rights Division
By:
Elizabeth Johnson
Acting Chief, Voting Section
)
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2828
M:.
RULE-MAKING PROCEEDINGS
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
CHAPTER 3 - FACILITY SERVICES
TITLE 21 - OCCUPATIONAL LICENSING BOARDS
CHAPTER 12 - LICENSING BOARD FOR
GENERAL CONTRACTORS
SUBCHAPTER 3U - CHILD DAY
CARE STANDARDS
SECTION .0700 - HEALTH AND OTHER
STANDARDS FOR CENTER STAFF
An error was inadvertently made in the rule citation in the
notice of rule-making proceeding submitted by the Child
Day Care Commission and published in 10:19 NCR 2506.
The subject matter related to qualification requirements for
day care center administrators and day care center teachers.
The citation of 10 NCAC 3U .0708 was incorrect. The
correct rule citation is 10 NCAC 3U .0704 and .0710.
TITLE 15A - DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
CHAPTER 10 - WILDLIFE RESOURCES
AND WATER SAFETY
SUBCHAPTER 101 - ENDANGERED
AND THREATENED SPECIES
Notice of Rule-making Proceedings is hereby given by
the N.C. Wildlife Resources Commission in accor-
dance with G.S. 150B-2I.2(b). The agency shall subse-
quently publish in the Register the text of the rule(s) it
proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Rule Citation: 15A NCAC 101 .0001
Statutory Authority for the rule-making: G.S. 113-132;
113-134; 113-331; 113-333; 113-334; 113-336; 143-239
Statement of the Subject Matter: Procedures for designa-
tion of critical habitat for endangered and threatened
species.
Reason for Proposed Action: Amendments to G.S. 113-
333 pursuant to House Bill 832 Chapter 392. 1995 Session
Laws.
Comment Procedures: The record of hearing will be open
for receipt or written comments from February 15, 1996
through April 16, 1996. Such written comments must be
delivered or mailed to the N.C. Wildlife Resources Commis-
sion, 512 N Salisbury Street, Raleigh, NC 27604-1188.
Notice of Rule-making Proceedings is hereby given by
the North Carolina Licensing Board for General
Contractors in accordance with G.S. 1503-21. 2(b). The
agency shall subsequently publish in the Register the text of
the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Rule Citation: 21 NCAC 12
Statutory Authority for the rule-making: G.S. 87-1; 87-
10
Statement of the Subject Matter: The North Carolina
Licensing Board for General Contractors (Board) will
consider adopting rules, repealing rules, or amending rules
addressing applicants for licensure and license renewal,
demonstration of financial responsibility, possibly to include
obtaining a bond. A public hearing will be conducted at
10:00 a.m. on April 10, 1996 at the Office of the Board,
3739 National Drive, Suite 225, Raleigh, NC. Upon
development of the text for these rules, the Board intends to
file these rules as temporary rules.
Reason for Proposed Action: To allow applicants for
licensure and license renewal to demonstrate financial
responsibility by obtaining a bond or by other possible
means.
Comment Procedures: Persons wishing to present oral
data, views or arguments on the proposed rule or rule
change may file a notice with Mark D. Selph, Secretary-
Treasurer of the Board, at least ten (10) days prior to the
public hearing at which the person wishes to speak.
Comments should be limited to 10 minutes. Written ques-
tions or comments may be submitted to Mark D. Selph at the
Board 's office. The Board 's address is P. O. Box 1 7187,
Raleigh, NC 27619.
CHAPTER 58 - REAL ESTATE COM>nSSION
SUBCHAPTER 58A - REAL ESTATE
BROKERS AND SALESMEN
Notice of Rule-making Proceedings is hereby given by
the North Carolina Real Estate Commission in accor-
dance with G.S. 150B-21.2(b). The agency shall subse-
quently publish in the Register the text of the rule(s) it
proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
2829
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULE-MAKING PROCEEDINGS
Rule Citation: 21 NCAC 58A .0101, .0105. .0109 - .0110;
.0302; .0503 - .0504; .1501 - .1502; .1601
Statutory Authority for the rule-making: G.S. 55B-5;
66-68; 93A-3(c); 93A-4(a),(c),(d); 93A-4A; 93A-6; 150B-
11(1)
Statement of the Subject Matter: 21 NCAC 58A .0101 -
Display of License; . 0105 - Advertising; . 0109 - Brokerage
Fees and Compensation; .0110 - Broker-in-Charge Responsi-
bilities; . 0302 - License Application Filing and Fees; . 0503 -
License Renewal; .0504 - Active and Inactive License Status;
. 1501 - License and General Brokerage Forms; . 1502 -
Education Program Forms; .1601 - Fair Housing.
Reason for Proposed Action:
21 NCAC 58A .0101 - To codify the requirement that all
licensees must prominently display their license certificates
in their offices.
21 NCAC 58A .0105 - To clarify that all licensees must
comply with Paragraph (a) of this Rule.
21 NCAC 58A .0109 - To clarify that all licensees must
comply with this Rule.
21 NCAC 58 A .0110 - To eliminate the requirement that a
broker practicing alone must file a broker-in-charge declara-
tion under certain conditions.
21 NCAC 58 A .0302 - To more clearly specify that license
application fee for a real estate firm.
21 NCAC 58 A .0503 - To replace the reference to "corpo-
rate broker license" with "firm license. "
21 NCAC 58A .0504 - To codify the procedure in which a
firm with an inactive license may activate its license.
21 NCAC 58 A .1501 - To list the forms currently prescribed
by the Commission for use in the license application process
and in general brokerage operations.
21 NCAC 58 A .1502 - To list the forms currently prescribed
by the Commission for use in its education program.
21 NCAC 58A .1601 - To clarify that all licensees must
comply with the State Fair Housing Act.
Comment Procedures: Written comments regarding the
rules may be sent to or delivered to Mr. Stephen L. Fussell
do North Carolina Real Estate Commission, P.O. Box
17100, 1313 Navaho Drive, Raleigh, NC 27619-7100 so as
to be received by April 15, 1996.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2830
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
Notice is hereby given in accordance with G.S.
150B-21.2(c) that the DHR-Division of Medical Assis-
tance intends to amend rule cited as 10 NCAC 26B .0105.
Proposed Effective Date: August 1, 1996.
A Public Hearing will be conducted at 1:30 p.m. on March
7, 1996 at the Kirby Building, Room 132, 1985 Umstead
Drive, Raleigh, NC.
Reason for Proposed Action: This is a cost containment
measure for the Medicaid Program. In addition to being a
cost containment measure for the Medicaid program, this
rule will provide additional selection of eyeglass frames and
should encourage participation by providers and recipients
alike in our visual aids programs.
Comment Procedures: Written comments concerning these
rule-making actions must be submitted by March 18, 1996,
to Portia Rochelle, APA Coordinator, Division of Medical
Assistance, 1985 Umstead Drive , Raleigh. NC 27603. Oral
comments may be presented at the hearing. A fiscal note
statement is available upon written request from the same
address.
TITLE 11 - DEPARTMENT OF EVSURANCE
Notice is hereby given in accordance with G.S.
150B-2 1.2(c) that the North Carolina Department of
Insurance intends to amend rule cited as 11 NCAC 12
.0551.
Proposed Effective Date: August 1, 1996
A Public Hearing will be conduaed at 10:00 a.m. on
March 5, 1996 at the Dobbs Building, 3rd Floor Hearing
Room, 430 N. Salisbury Street, Raleigh, NC 27611.
Reason for Proposed Action: This Rule complies with
recent action of the General Assembly (HB 230); this will
reduce the maximum pre-existing waiting period to one year.
Comment Procedures: Written comments and questions
should be directed to Teresa Shackelford, 430 N. Salisbury
Street, Raleigh, NC 27611, (919) 733-5060. Oral presenta-
tions may be made at the public hearing.
Fiscal Note: This Rule does not affect the expenditures or
revenues of state or local government funds.
CHAPTER 12 - LIFE AND HEALTH
DIVISION
Fiscal Note: This Rule does not affect the expenditures or
revenues of state or local government funds.
CHAPTER 26 - MEDICAL ASSISTANCE
SUBCHAPTER 26B - MEDICAL ASSISTANCE
PROVIDED
SECTION .0100 - GEIVERAL
.0105 EYEGLASSES AND OPTOMETRIC
SERVICES
(a) All visual aids require prior approval.
M(b) No eyeglass frames other than frames made of
zj'lonit e zvlonite. metal, or combination zylonite and metal
shall be covered.
fb^(c) Eyeglass repair or replacement, or any other
service costing five dollars ($5.00) or less, shall not be
covered.
{e)£d) Prior approval shall be required for more than one
refraction per year for any person up to age i&i 21; more
than one refiraction every two years for any person aged 35
21 and over; all e y e glaos e g and oth e r visual aido; and all
repairs and replacement of frames and lenses exceeding a
cost of five dollars ($5.00).
Authority G.S 108A-25(b); 108A-54; 42 C.F.R. 440.120.
SECTION .0500 - ACCIDENT AND HEALTH:
GENERAL NATURE
.0551 CANCER INSURANCE-REQUIREMENTS
Cancer policy requirements. Cancer policies approved in
this State muat shall comply with the following itoma :
(1) The policy must shall have a pre-existing condi-
tions sticker that complies with 11 NCAC 12
.0543 and reads as follows: NO RECOVERY
FOR PRE-EXISTING DIAGNOSED CANCER -
READ CAREFULLY No benefits will be pro-
vided during the first two y e ars 12 months of the
policy for cancer diagnosed prior to before the
30th day following after the effective date shown
in the policy schedule.
(2) In the definition of cancer, clinical diagnosis of
cancer must shall be accepted as evidence that
cancer exists in an insured when a pathological
diagnosis cannot be made, provided such the
medical evidence substantially documents the
diagnosis of cancer and the insured received
definitive treatment for cancer. Whoncvor If the
requisite pathological clinical diagnosis can only
be made postmortem, liability s hould shall be
assumed retroactively beginning with the date of
the terminal admission to the hospital for ne not
less than 45 days prior to before the date of death.
(3) A cancer policy oannot shall not have a waiting
period any longer than 30 days from after the
2831
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
effective date.
(4) Benefits muot shall be provided for unrelated
cancers diagnosed after the effective date of the
policy.
(5) Under the benefits provisions of the policy,
provided the contract offers these benefits, e«f the
minimum standards are as follows:
(a) Benefits for blood and plasma plasma, — the
bonofita should shall cover actual charges in-
curred, including fees for administering the
blood.
(b) The word term "In-patient" should shall precede
the words "drugs" and "medicines" drugs and
m e dioin e s if the policy is an in-hospital indem-
nity contract or does not provide out-patient
benefits.
(c) Ambulance benefits should shall include trans-
portation from one medical facility to another.
(d) First diagnosed or first occurrence cancer bene-
fits shall be no less favorable than other gener-
ally offered cancer benefits; and shall be offered
in addition to core benefits.
(6) Cancer coverage may include other diseases or
conditions; provided, however, it must shall be
properly labeled - CANCER AND SPECIHED
DISEASE(S).
(7) Cancer and dread disease policies are defined as
"Medical Expense" policies in regard to for the
purposes of loss ratio requirements as set forth in
the NAIC guidelines.
Authority G.S. 58-2-40; 58-51-1; 58-51-95.
******************
Notice is hereby given in accordance with G.S.
150B-21.2(c) that the North Carolina Department of
Insurance intends to amend rule cited as 11 NCAC 16
.0703.
Proposed EfTective Date: August 1, 1996
A Public Hearing will be conducted at 10:00 a.m. on
March 5, 1996 at the Dobbs Building, 3rd Floor Hearing
Room, 430 N. Salisbury Street, Raleigh, NC 27611.
Reason for Proposed Action: Review of HMO claim
reserve data has shown that these entities are adequately
reserved and know how to calculate claim reserves. This
rule allows these entities to use the annual statement rather
than an annual data filing saving time and costs associated
with preparing an annual claim reserve data filing.
Comment Procedures: Written comments and questions
should be directed to Walter James, 430 N. Salisbury Street,
Raleigh, NC 27611, (919) 733-3284. Oral presentations
may be made at the public hearing.
Fiscal Note: This Rule does not affect the expenditures or
revenues of state or local government funds.
CHAPTER 16 - ACTUARIAL SERVICES
DIVISION
SECTION .0700 - HEALTH MAINTENANCE
ORGANIZATION CLAIM RESERVE DATA
REQUIREMENTS
.0703 CLAIM RESERVE FILING
REQUIREMENTS
(a) i\nnual filings of claim reserv e data shall b e mad e by
all HMOs and shall bo sent to the Actuarial — Sorvicos
Division by March 1 of oach year. — After the beginning of
an HMO'b fourth fiill calendar year of operations, quart e rly
filings ar e not r e quir e d unl e ss th e oonditiono in Subpara
graph (b)(2) of this Rule apply.
(b) Quarterly claim rosorvo data filings shall bo made by
any HMO that:
f4^ has b ee n in operation for mor e than on e full
cal e ndar year but loss than throo full calendar
yoars; or
(3) satisfi e s e ither of th e following conditions:
fA^ — for the most r e c e nt quart e rly valuation th e net
worth loss the contingoncy rosor^'o is loss than
th« — statutory — minimum as stated — in G.S.
5 8 67 llO(o) or G.S. 5 8 67 110(d); or
(9) — for th e most rooont annual valuation (current
year) tho total claims paid during tho yoar and
incurred in tho prior year are equal to or
gr e ater than 110% of th e e stimat e d liability of
unpaid claims on D e c e mb e r 3 1 , of tho provi
ous year.
(e) — Quarterly filing s required by Paragraph (b) of this
Rul e shall b e s e nt to th e Actuarial Servicoo Division within
15 days after th e e nd of e ach cal e ndar quart e r.
(a) A quarterly claim reserve data filing shall be made by
any HMO that has been in operation for more than one full
calendar year but less than three full calendar years.
(b) An annual claim reserve data filing shall be made by
any HMO that satisfies either of the following conditions:
(1) for the most recent quarterly valuation the net
worth less the contingency reserve is less than
the statutory minimum as stated in G.S. 58-67-
110(c) or G.S. 58-67-1 10(d); or
(2) for the most recent annual valuation (current
year) the sum of the following exceeds 1 10
percent of the estimated liability of unpaid
claims on December 31, of the previous year:
total of claims paid during the year and in-
curred in previous years; and
£A1
(B)
claims unpaid at December 31 of the current
year on claims incurred in previous years.
(c) A triennial claim reserve data filing shall be made by
all HMOs.
(d) All annual and triennial claim reserve data filings
10:22
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February 15, 1996
2832
PROPOSED RULES
shall be sent to the Actuarial Services Division by March 1
of the reporting year.
(e) All quarterly claim reserve data filings shall be sent
to the Actuarial Services Division within 45 days after the
end of each calendar quarter.
Authority G.S. 58-2-40; 58-67-135(b); 58-67-150.
TITLE 15A - ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
CHAPTER 3 - MARINE nSHERIES
The deadline for receiving comments on Marine Fisheries
Commission Rules 15A NCAC 31 .0019 (as noticed in
10:21 NCR 2737) and 15A NCAC 3J .0401 (as noticed in
10:21 NCR 2688) has been changed to March 14, 1996.
The Marine Fisheries Commission will conduct a Business
Session on March 15-16, 1996, at the Holiday Inn North -
Raleigh, beginning at 9:00 a.m. on the morning of March
15 to decide on these proposed rules.
TITLE 17 - DEPARTMENT OF REVENUE
Notice is hereby given in accordance with G.S.
150B-21.2(c) that the North Carolina Department of
Revenue intends to amend rules cited as 17 NCAC 6B .0612
and .3716.
Proposed Effective Date: July 1, 1996
Editor's Note: G.S. 1 SOB- 1(d)(4) exempts the Department
of Revenue from Part 2 Article 2A of Chapter 150B with
respect to the notice and hearing requirements. The
Department will however publish the text of proposed rules
in the North Carolina Register prior to the scheduled time of
review by the Rules Review Commission.
Reason for Proposed Action:
17 NCAC 6B .0612 - is being amended to delete the
provisions that repeat the statutes.
17 NCAC 68 .3716 - is being amended to clarify and
conform the rule to the requirements of the statute.
Comment Procedures: Written public comment should be
addressed to Jack L. Harper, Assistant Secretary for Tax
Administration, PO Box 871, Raleigh, NC 27602-0871.
Comments must be received by March 18, 1996.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds.
CHAPTER 6 - INDIVIDUAL INCOME
TAX DIVISION
SUBCHAPTER 6B - INDFVIDUAL INCOME
TAX
.0612
SECTION .0600 - TAX CREDITS
TAX CREDFT FOR QUALIFIED
BUSINESS INVESTMENTS
(ft) — A tax credit is allowed to individunla who make
qualified invostmonts during taxable yoars boginning on o f
aft e r Januar>' 1, 19 88 , in oquit)' ooouritioo or oubordinatod
debt of a qualifi e d inv e otm e nt organization, a qualified
buaineoa venture, a qualified grantee buainoas, or a North
Carolina — Enterprise — Corporation, — including — a — limited
partn e rohip in which a North Carolina Ent e rprio e Corpora
tion io the only g e n e ral partn e r. — Th e s e organizationo are
defined in G.S. 105 163.010 and are required to rogiater
with the Secretary of State.
(b) — Th e cr e dit is tv ^ 'ont)' five p e rc e nt of th e amount
inv e st e d — or on e hundr e d — thousand — dollars — ($1(K),000),
whichever ia leas. — To be eligible for the credit a taxpayer
muflt file an application (Form D 499) for the credit with the
S e cr e tary of R e v e nu e on or b e for e April 15 of th e y e ar
following th e cal e ndar y e ar in which th e inv e otment was
made. With respect to the application requirements pro-
vided in G^ 105-163.01 1(c), the The date set for filing the
application may be extended provided a written statement is
fiimished by April 15 requesting that additional time to file
the application be allowed. An extension of time to file the
individual income tax return. Form D-400, does not extend
the time for filing Form D-499. The cr e dit is allowabl e for
the taxabl e y e ar b e ginning during th e cal e ndar y e ar follow
ing the calendar year in v i 'hioh the in' i 'eatment v > 'aa made and
any unuaod credit can bo carried forward for the next
ouooooding five y e ars.
(o) An inv e otm e nt by a partn e rship e ntity in on e or more
of the orgonizationa described in Paragraph (a) of this Rule
doe a not qualify' for the tax credit at the partnership level
and individual partn e rs ar e not e ntitled to a tax cr e dit for th e
partn e rship's inveotm e nt. Individual partnero ar e e ntitl e d to
a credit for inveatmenta in a partnership if the partnerahip ia
a qualifying organization identified in Paragraph (a) of this
Rul e , including a limit e d partn e rship in which a North
Carolina Ent e rpris e Corporation is th e only g e n e ral partn e r.
fd) — A corporation that inveata in the equity aocuritioa of
a North Carolina Enterprise Corporation or a qualified
inv e otment organization is allow e d a cr e dit of tw e nt)' fiv e
percent of th e amount inv e st e d or s e v e n hundr e d fifty
thousand dollars ($750,000), whichever is loaa. With
respect to an S corporation, each shareholder ia allowed aa
a cr e dit again s t his individual incom e tax an amount e qual
to his pro rata shar e of th e tax cr e dits for which the S
corporation is eligible. — An S corporation's investment in a
qualified business venture or a qualified grantee business
do eo not qualify' for th e tax cr e dit at th e corporat e l e v e l and
shar e hold e rs ar e not e ntitl e d to a tax credit for the S
corporation' s investment; however, individual shareholders
aro entitled to a credit for their investments in an S corpora
2833
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
tion v ^ 'hich inN'ootg in a North Carolma Entorpriso corpora
tion or a qualifi e d invootmont organization.
(o) Exoopt for th e tax orodito lioted in Rule ■371 ' 1(a) of
this Subchapter, an ostato or trust is entitled to the samo tax
credits allowed an individual; therefore, an estate or trust is
ontitlod to g tax orodit for an invootmont in a qualifi e d
organization identified in Paragraph (a) of this Rul e .
The pro' i 'isiona in Paragraphs (a) through (o) of this Rule are
applicable to qualified business investments made prior to
Jonuor)' 1, 199^1.
Authority G.S. 105-163.010; 105-163.011; 105-163.012;
105-163.013; 105-163.14; 105-131. 8(b); 105-262.
SECTION .3700 - ESTATES AND TRUSTS
.3716 INCOME TAX RETURN FOR
ESTATES AND TRUSTS
(a) The federal taxable income of the fiduciary is the
starting point for preparing a North Carolina Fiduciary'
Return, Income Tax Return for Estates and Trusts, Form
D-407 and requires the same additions, deductions, and
transitional adjustments to federal taxable income as re-
quired for individuals.
(b) The fiduciary responsible for administering the estate
or trust is responsible for filing the fiduciary return and
paying the tax. The fiduciary must file an income tax return
for the estate or trust for which he acts if he is required to
file a federal fiduciary income tax return U.S. Income Tax
Return for Estates and Trusts and:
(1) the estate or trust derives income from North
Carolina sources; or
(2) the estate or trust derives any income which is
for the benefit of a resident of North Carolina.
(e) — For e stat e o and trusts located outsid e of North
Carolina, a fiduciary' must file a North Carolina fiduciary'
income tax return for the estate or trust if ho is required to
filo a f e deral fiduciary incom e tax r e turn and th e e stat e or
trust d e riv e s income from:
(4) North Carolina sources that is attributable to the
ownership of any interest in real or tangible
p e rsonal prof> e rty located in North Carolina, or;
(3) a busin e ss, trad e , — profession, — or oooupation
carried on in North Carolina.
(c) fd)Fiduciaries shall be consistent in the use of the
name and address of an estate or trust on a return. If a
different name for an estate or trust is used in any year from
that used in the prior year that fact shall be noted on the
first page of the return and the name used in the prior year
indicated. The use of numbers assigned by banks to estates
and trusts are also helpful in the processing of trust returns
after they are filed.
Authority G.S. 105-160.5; 105-160.6; 105-262.
TITLE 21 - OCCUPATIONAL LICENSING BOARDS
CHAPTER I - NORTH CAROLINA ACUPUNCTURE
LICENSING BOARD
Notice is hereby given in accordance with G.S.
150B-21.2(c) that the North Carolina Acupuncture
Licensing Board intends to adopt rules cited as 21 NCAC 1
.0705, .0709.
Proposed Effective Date: August 1, 1996.
A Public Hearing will be conducted at 10:00 a.m. on
March 18, 1996 at the NCALB, 1418 Aversboro Road,
Gamer, NC 27529.
Reason for Proposed Action:
21 NCAC 1 .0705 - To clarify procedures for initiating a
formal hearing.
21 NCAC 1 .0709 - To present procedures for revoking or
suspending licensure to practice acupuncture in North
Carolina.
Comment Procedures: Written comments will be accepted
through March 18, 1996. All comments shall be directed to
Diana Mills, NCALB, 1418 Aversboro Road, Gamer, NC
27529.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government Junds.
SECTION .0700 - ADMINISTRATIVE
PROCEDURES
.0705 INTTUTION OF FORMAL HEARINGS
(a) The North Carolina Acupuncture Licensing Board
may initiate a disciplinary action against a licensed acupunc-
turist or a pplicant pursuant to G.S. 90-456.
(h) Upon receipt of a written request and substantiating
information from any person in a position to present
information as a basis for the action, the North Carolina
Acupuncture Licensing Board will conduct an investigation
sufficient to determine whether reasonable cause exists to
initiate disciplinary action(sV
(c) An opportunity will be given the person for a hearing
before the Board at the next meeting.
Authority G.S. 90-456; 150B-38(h).
.0709 PROCEDURE OF REVOCATION OF
LICENSURE
(a) If the North Carolina Acupuncture Licensing Board
determines that reasonable cause exists to initiate a disciplin-
ary action pursuant to G.S. 90-456. the Board shall prepare
written charges and determine what action(s) will be taken.
(h) The Board shall provide the person with a copy of the
written charges and notify the person that it will take the
determined action(s) unless the person, within 60 days of
receipt of notice, initiates administrative proceedings under
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NORTH CAROLINA REGISTER
February 15, 1996
2834
PROPOSED RULES
G.S. 150B. Article 3^ The notice will be sent certified
mail, return receipt requested.
(c) If the person initiates administrative proceedings the
North Carolina Acupuncture Licensing Board will defer
final action on the matter until receipt of a proposed
decision as provided for in G.S. 1508-34. If the person
does not initiate administrative proceedings within 30 days
of receipt of notice, the North Carolina Acupuncture
Licensing Board may implement the action(s) at its next
meeting.
(d) The North Carolina Acupuncture Licensing Board
may reinstate a suspended or revoked license or may grant
a new license upon application and demonstration of
satisfactory compliance with Board recommendations.
(e) The North Carolina Acupuncture Licensing Board will
notify all other states of all actions pursuant to this Rule,
upon written request.
Authority G.S. 90-456; 150B-38(h).
CHAPTER 32 - BOARD OF MEDICAL
EXAMINERS
Notice is hereby given in accordance with G.S.
150B-2 1.2(c) that the North Carolina Medical Board
intends to amend rules cited as 21 NCAC 32H .0101 -
.0102, .0201, .0203, .0301 - .0303, .0401 -.0404, .0406 -
.0408, .0501 - .0502, .0504 - .0506, .0601 - .0602, .0701 -
.0702, .0801, .0901 - .0902 and adopt 32H .0409, .0507.
Proposed Effective Date: August 1, 1996
A Public Hearing will be conducted at 1:00 p.m. on March
1 , 1996 at the Division of Facility Services Office, 701
Barbour Drive , Room 201, Raleigh, NC.
Reason for Proposed Action: Medications will be added
to the list of available medications for use by ALS Profes-
sionals to bring the list up to current medical practice.
Physician Assistants and Nurse Practitioners will be allowed
to give on-line medical direction to ALS Professionals in the
out-of-hospital setting to allow sponsor hospitals to more
effectively handle the volume of calls. The term "Board of
Medical Examiners" will be changed to "North Carolina
Medical Board. "
Comment Procedures: Persons who wish to make com-
ment regarding these proposed rules should contact: Mr. Ed
Browning, Assistant Chief - Education, NC Office of
Emergency Medical Services, PO Box 29530, Raleigh, NC
27626-0530, Tele: (919) 733-2285, FAX: (919) 733-7021.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds.
SUBCHAPTER 32H - EMERGENCY MEDICAL
SERVICES ADVANCED LIFE SUPPORT
SECTION .0100 - GENERAL ESfFORMATION
.0101 AUTHORTTV: INTENT AND GOALS
(a) In establishing and approving rules pursuant to G.S.
143-514, it is the intent of the Board of Medical Examin
efs North Carolina Medical Board and the Department of
Human Resources to respond to an ongoing need for
professionally educated medical and nursing p)ersonnel
to deliver effective medical care to the sick and injured
at the scene of a medical emergency and during transport
to a health care facility.
(b) Improved emergency medical services are required to
reduce the mortality and morbidity rate during the first
critical minutes immediately following trauma or the onset
of a medical emergency. Within the goals of the Board of
M e dioal Examin e rs North Carolina Medical Board and the
Dqaartment of Human Resources in establishing these rules
is the provision of the best and most economical deliveiy of
emergency medical care.
Authority G.S. 143-514.
.0102 DEFIMTIONS
The following definitions apply in this Subchapter:
(1) "Audit and review panel" means a committee com-
posed of representatives of the medical, nursing,
administrative and prehospital care service elements
of an advanced life support (ALS) program that has
the responsibility for the on-going monitoring and
evaluation of the program. The chairman of the panel
shall be a physician and a majority of the voting
members shall be physicians.
(2) "Emergency medical technician-advanced intermedi-
ate (EMT-AI)" means a person specially educated in
a program approved by the Office of Emergency
Medical Services who has been certified or recertified
by the Board of M e dical Examinero North Carolina
Medical Board as qualified to render the services
enumerated in Rule .0406 of this Subchapter.
(3) "Emergency medical technician-defibrillation (EMT-
D)" means a person specially educated in a program
approved by the Office of Emergency Medical
Services who has been certified or recertified by the
Board of Medioal Examin e rs North Carolina Medical
Board as qualified to render the services enumerated
in Rule .0407 of this Subchapter.
(4) "Emergency medical technician-intermediate (EMT-
I)" means a person specially educated in a program
approved by the Office of Emergency, Medical
Services who has been certified or recertified by the
Board of Medical Exominors North Carolina Medical
Board as qualified to render the services enumerated
in Rule .0403 of this Subchapter.
"Emergency medical technician-paramedic (EMT-P)"
(5)
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NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
\
\
\
means a person specially educated in a program
approved by the Office of Emergency Medical
Services who has been certified or recertified by the
Board of Modicol ExaniiiK?ra North Carolina Medical
Board as qualified to render the services enumerated
in Rule .0402 of this Subchapter.
(6) "Advanced Dfe Support Professional (ALS Profes- (13)
sional)" means a certified emergency medical dis-
patcher, emergency medical technician-defibrillation,
emergency medical technician-intermediate, emer-
gency medical technician-advanced intermediate, or
emergency medical technician-paramedic whether (14)
working on a paid or volunteer basis.
(7) "Medical control" means the management and
accountability for the medical care aspects of an ALS
program. It entails physician direction and oversight (15)
of the initial education and continuing education of
the ALS professionals; development and monitoring
of both operational and treatment protocols; evalua-
tion of the medical care rendered by ALS personnel;
participation in system evaluation; and directing, by
radio or telephone, the medical care rendered by the
ALS professionals.
(8) "Medical director" means the physician responsible
for the medical aspects of the management of an ALS (16)
program.
(9) "Mobile intensive care nurse (MICN)" means a
registered nurse who has been approved or
reap proved by the Board of Modical Examiners
North Carolina Medical Board to issue instructions to (17)
ALS professionals in accordance with protocols
approved by the sponsor hospital and under the
direction of the medical director.
(10) "Advanced life support program (ALS program)"
means a program of prehospital emergency medical
care whereby definitive medical care is delivered to
a victim of sudden injury or illness by appropriately (18)
educated and certified ALS professionals operating
under the direction of a sponsor hospital. All ALS
programs shall conform to the criteria established in (19)
the rules contained in this Subchapter and must be
approved by the Office of Emergency Medical
Services.
(11) "Mobile intensive care unit" means any emergency
vehicle staffed by ALS professionals and equipped in
accordance with standards established by the North
Carolina Medical Care Commission as found in 10
NCAC 3M .0202, .0203, .0204, .0205, and .0207 to
provide remote intensive care to sick and injured
persons at the scene of a medical emergency and
during transport to a health care facility. (20)
(12) "Oral interview panel" means a committee composed
of physicians, ALS professionals certified at or above
the level of application and may include other medi- (21)
cal personnel such as registered nurses and mobile
intensive care nurses involved in the /VLS program.
TTie responsibility of the oral interview panel is to
interview each applicant for certification, either
collectively or individually, and evaluate his suitabil-
ity to perform successfully at the certification level
sought. The panel must be approved by the medical
director and consist of a minimum of three members
including one physician and one ALS professional.
"Office of Emergency Medical Services" means an
official agency of the State of North Carolina, De-
partment of Human Resources, that serves in an
administrative capacity to the Board of Modioal
Examin e rs North Carolina Medical Board .
"Physician" means an individual licensed by the
Board of Modical Exominors North Carolina Medical
Board to practice medicine in the State of North
Carolina.
"Sponsor hospital" means a hospital and its medical
staff which participates in an ALS program and has
responsibility for p»roviding or ensuring the provision
of initial education, continuing education, and medi-
cal control to the ALS professionals. The sponsor
hospital shall meet criteria adopted by the Board of
M e dical Examin e rs North Carolina Medical Board
and be approved by the Office of Emergency Medical
Services.
"Study project" means a proposal involving excep-
tions to the provisions of this Subchapter for the
purpose of evaluating the efficiency and effectiveness
of alternate means of providing ALS services to the
citizens of North Carolina.
"Blind insertion airway device" means an airway
adjunct designed to be used as a pharyngeal or
esophageal device which is inserted without the use
of direct visualization. For the purposes of these
rules, this definition does not include esophageal
obturator airways, esophageal gastric tube ainvays, or
endotracheal tubes.
"Coding" means the selection and assignment of an
alphanumeric classification to a call for medical
assistance by an EMD.
"Emergency Medical Dispatcher (EMD)" means a
trained public safety telecommunicator with additional
training and specific emergency medical knowledge
essential for the efficient management of emergency
medical service communications who has successfully
completed an education and training program meeting
the criteria established by the Office of Emergency
Medical Services and who fimctions as an agent or
constituent of an Emergency Medical Dispatch
Program approved by the Office of Emergency
Medical Services.
"Emergency Medical Dispatching" means the recep-
tion and management of requests for emergency
medical assistance.
"Emergency Medical Dispatch Program" means the
approved program with jjrocedures established for the
management and delivery of emergency medical
assistance by a public or private agency that sends
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NORTH CAROLINA REGISTER
February 15, 1996
2836
PROPOSED RULES
emergency medical assistance to requesting persons
and provides pre-arrival instructions for a victim of
sudden injury or illness.
(22) "Emergency Medical Dispatch Priority Reference
System (EMDPRS)" means a medically approved
written or corrqjuter generated reference system used
by an emergency medical dispatching agency to
provide medical direction, and to dispatch aid to
medical emergencies.
(23) "EMD selection" means the process which establishes
criteria to identiiy a candidate for education and
training as an Emergency Medical Dispatcher
(EMD).
(24) "Pre-arrival instructions" means telephone rendered,
medically approved written instructions read by
emergency medical dispatchers to callers, which help
provide aid to the victim and control the situation
prior to patient access by pre-hospital care providers.
(25) "Public Safety Telecommunicator" means an individ-
ual trained to communicate by electronic means with
persons seeking emergency assistance and with public
or private agencies and individuals providing such
assistance.
(26) "Approved Teaching Institution" means an agency
with a current contract with the Office of Emergency
Medical Services to provide emergency medical
services training programs.
(27) "Medical Direction Assistant (MDA)" means a
physician assistant or nurse practitioner who has been
approved or reapproved bv the North Carolina
Medical Board to issue instructions to ALS profes-
sionals in accordance with protocols approved by the
sponsor hospital and under the direction of the
medical director.
Authority G.S. 143-514.
SECTION .0200 - PROGRAM STANDARDS
AND APPROVAL
.0201 ADVANCED LIFE SUPPORT
PROGRAM CRITERIA
ALS programs shall cover a defined service area of generally
not less than one county and must have the following:
(1) a plan, as specified in Rule .0302 of this Subchapter,
for the coordination of the sponsor hospitals partici-
pating in the program;
(2) a designated medical director who shall be responsi-
ble either directly or by clearly established delegation
to the other licensed physicians at the sponsor hospi-
tal(s) for the following:
(a) the establishment, approval and periodic updating
of treatment protocols or EMDPRS for emergency
medical dispatch programs;
(b) medical supervision of the selection, initial educa-
tion, continuing education and performance of the
ALS professionals, profossionala and MICN and
MDA personnel;
(c) the medical review of the care provided to patients;
(d) keeping the care provided current with advanced
biomedical science and technology; and
(e) participation in the overall management of the ALS
program in liaison with nursing, technical, and
administrative staff of the program. The medical
director has the authority to suspend temporarily,
jjending due process review, an ALS profosaionol
or NIICN professional, MICN. or MDA from
fijrther participation in the ALS program when it is
determined the activities or medical care rendered
by such persoimel may be detrimental to the care of
the parient.
(3) an organized and defined system of communications
that provides for:
(a) pi±ilic access through a central emergency commu-
nicarions center;
(b) dispatch and coordination of all resources (man-
power, vehicles and equipment) essential to the
effective and efficient management of requests for
emergency medical assistance;
(c) communications linkages for interacting with other
public safety agencies to obtain additional resources
required to support emergency medical services
activities; and
(d) two-way voice communications as specified in Rule
.0303 (a) (2) (H) of this Subchapter between the
ALS professionals and the personnel at the sponsor
hospital responsible for directing the medical
treatment rendered by the ALS professionals.
(4) adequate certified manpower to ensure that the
program will be continuously available on a 24 hour-
a-day basis; and
(5) an audit and review panel that meets at a minimum
on a quarterly basis and whose responsibilities
include at least the following:
(a) reviewing ALS cases to determine the appropriate-
ness of the medical care rendered by all personnel
involved in the cases;
(b) making recommendations to the medical director
for the continuing education program for ALS
personnel; and
(c) reviewing the policies, procedures and protocols of
the ALS program and making recommendations for
improvement.
Authority G.S. 143-514.
.0203 APPROVAL REQUIREMENTS: EMERGENCY
MEDICAL DISPATCHER PROGRAM
(a) All emergency rredical dispatching agencies applying the
principles of EMD or offering EMD services, procedures, or
programs to the public shall conform to the criteria established
in the rules contained in this Subchapter and shall submit a
proposal for program approval to the Office of Emergency
Medical Services at least 60 days pmor to program implementa-
2837
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February 15, 1996
10:22
PROPOSED RULES
^
\
>
ticm. The proposal must document that the EMD program has:
(1) a defined service area;
(2) a designated medical director responsible for
medical supervision of the program in accordance
with .0201(2)(a-e);
(3) adopted, maintains, and updates on a regular basis,
a written or computer-based emergency medical
dispatch priority reference system (EMDPRS)
approved by the EMD program medical director
including at least the minimum incident protocols
set forth in the "Guidelines for the Development
and Operation of Emergency Medical Dispatch
Programs" dated March 1995, incorporated herein
by reference editiono. including subsequent amend-
ments and editions.
(4) adequate personnel certified in accordance with the
requirements of this subchapter to ensure that the
program will be continuously available on a 24
hour-a-day basis;
(5) an organized and defined system of communica-
tions that provides for public access through a
central emergency communications center using a
single seven digit telephone number for the service
area or an emergency 9-1-1 telephone system.
(6) the ability to dispatch and coordinate all resources,
such as manpower, vehicles and equipment that are
essential to the effective and efficient management
of requests for emergency medical assistance.
(7) an audit and review panel which meets at a mini-
mum on a quarterly basis;
(8) a formal risk management program including
written procedures that provide:
(A) The chain of command for establishment of
policies, procedures, and resolution of conflicts
relating to the EMD Program;
(B) Administrative procedures and written protocols
for resource allocation and alternative response
assignments of emergency response units;
(C) EMD responsibiUties in special situations, such
as disasters, multi-causality incidents, or situa-
tions requiring referral to specialty hotlines;
(D) Complete written and recorded documentation of
EMD operations that permit timely medical audit
and review;
(E) Procedures for selection and processing of cases
for EMD audit and review.
(9) adopted and maintains a dispatch coding system
consistent with the incident protocol types in the
EMDPRS which categorizes the problem determi-
nation through the EMDs evaluation of the problem
or situation.
(10) provides, maintains, and upgrades on a regular
basis, all necessary protocols, training equipment,
and quality assurance/case review equipment and
supplies required for operation of the EMD pro-
gram.
(b) Make application to the Office of Emergency Medical
Services and be re-approved every four years following initial
EMD program approval.
Authority G.S. 143-514.
SECTION .0300 - HOSPITAL UTILIZATION
.0301 HOSPITAL INVOLVEMENT
Hospital and hospital medical staff participation in the
establishment, operation and ongoing evaluation of ALS
programs is essential. The role of each participating hospital
within the service area of an ALS program must be defined,
and the operational procedures outlined and agreed to by all
participants so as to help ensure proper coordination. Sponsor
Hospitals may provide services utilizing ALS personnel for the
delivery of emergency medical care to the sick and injured at
the scene of an emergency and during education of the ALS
professionals. While fimctioning pursuant to these rules, the
ALS professionals shall be under the control and supervision of
the physician, physician ef approved MICN or MDA of the
sponsor hospital from which they are receiving instructions.
Authority G.S. 143-514.
.0302 PLAN FOR PARTICIPATING HOSPITALS
(a) Each ALS program shall have a written plan which
outlines the roles and responsibilities of each of the sponsor
hospitals that will ftmction in the {wogram. The plan shall allow
for the participation of all hospitals within the service area of
the ALS program that meet the sponsor hospital criteria even
though one or more hospitals may choose not to participate at
the initiation of the program. One hospital shall be designated
as being administratively respwnsible for the ALS program and
as such have overall responsibility for administration and
coordination of the program and ensuring compliance with the
requirements of this Subchapter. Changes in this designation
must be approved by the Office of Emergency Medical Ser-
vices.
(b) The plan shall be approved by the chief of staff and chief
executive officer of each participating hospital and shall include
at a minimum:
(1) a description of the role each hospital is to have in
the ALS program;
(2) a description of the operational procedures to be
followed by the ALS professionals, profoasionala
and MICN and MDA personnel to obtain medical
direction;
(3) the treatment protocols to be utilized in the program
and a description of the procedure to be followed to
modify them;
(4) a description of how the audit and review function
will be established and carried out;
(5) a description of the methodology for providing
continuing education for the ALS professionals,
prof e ooionolfl and MICN and MDA p)ersonnel; and
(6) a description of the mechanism for providing
physician backup to the MICN and MDA personnel
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February 15, 1996
2838
PROPOSED RULES
in programs where they are utilized.
Authority G.S. 143-514.
.0303 SPONSOR HOSPITAL
(a) To be approved by the Office of Emergency Medical
Services as a sponsor hospital, a hospital must:
(1) demonstrate that it will fimction as part of an ALS
program in accordance with a plan meeting the
requirements of Rule .0302 of this Section;
(2) meet all of the following criteria:
(A) have physician, physician or MICN or MDA
coverage available 24 hours per day in the emer-
gency department or critical care unit for commu-
nication with the ALS professionals;
(B) ensure 24 hour availability of a registered nurse
who is primarily responsible to meet ALS patients
uf)on arrival at the emergency department;
(C) have a physician available to provide backup to
the MICN or MDA issuing instructions to the
ALS professionals;
(D) appoint a registered nurse to act as a liaison
between the ALS professionals and the hospital.
The nurse liaison must meet the requirements set
forth in the "Guidelines for the Selection and
Performance of the Emergency Medical Services
Nurse Liaison" dated October 1990 and incorpo-
rated herein by reference including subsequent
amendments and editions;
(E) appoint a physician to serve as a medical director
or liaison to the medical director of the ALS
program;
(F) have written support letters for the program from
both the chief executive officer and chief of staff
of the hospital;
(G) establish or participate in an audit and review
panel that meets at a minimum quarterly;
(H) have access to and operate a communications
system that will provide, at a minimum, two-way
voice communications to ALS professionals
anywhere in the service area of the ALS pro-
gram. The program medical director must verify
that, in his opinion, the communications system
is satisfactory for on-line medical control. The
communications system shall provide for commu-
nication from the onset of patient treatment
through the delivery of the patient at the medical
treatment facility. The communications system
shall be operational 24 hours per day and shall
allow for initiation of communication by either
the ALS professionals or by the sponsor hospital
that is directing the patient care procedures and
treatment. Approved first responder organizations
fijnctioning at the EMT-D level of care as part of
approved ALS programs are exempt from the
requirements of this Paragraph;
(T) provide orientation regarding the ALS program to
appropriate medical and nursing personnel at the
hospital;
(J) have treatment protocols adopted by the medical
staff covering the performance of ALS profes-
sionals which are consistent with those being used
throughout the ALS program;
(K) provide or ensure provision of a continuing
education program approved by the Office of
Emergency Medical Services for ALS profession-
als, profeooionalo and MICN and MDA person-
nel; and
(L) provide or ensure provision of supervised clinical
experience for those participating in the educa-
tional program,
(b) In addition, the sponsor hospital designated as administra-
tively responsible for the ALS program must have a physician
in the emergency department 24 hours a day who is available
to give orders and medical direction to the ALS professionals.
For ALS programs that do not have a participating hospital
within their area with a physician in the emergency department
24 hours a day, this requirement may be met by the sponsor
hospital designated as administratively responsible for the
program defining a mechanism to provide physician backup to
the MICN or MDA and medical control to the ALS profes-
sionals.
Authority G.S. 143-514.
SECTION .0400 - EDUCATION AND
PERFORMANCE OF ADVANCED
LIFE SUPPORT PERSONNEL
.0401 EDUCATIONAL PROGRAMS
(a) An educational program intended to qualify personnel
as ALS professionals, prof e ooionalo or MICNs or MDAs must
be approved by the Office of Emergency Medical Services.
Proposals for educational programs must be submitted for
apfiroval at least 20 days prior to the date on which the program
is scheduled to start.
(b) ALS professional students may perform the services and
ftmctions permitted by the rules contained in this Subchapter for
their certification level during:
(1) the clinical portion of an approved educational
program while caring for patients in the sponsor
hospital or other facility approved by the medical
director and the Office of Emergency Medical
Services, provided that the related didactic work
has been completed and that they are under the
direct supervision of a physician or registered
nurse;
(2) a field internship provided that:
(A) the related didactic work of an approved educa-
tional program has been completed;
(B) they are directly supervised and accompanied by
an ALS professional certified at a like or higher
certification level or a physician; and
(C) the internship is conducted within an ALS pro-
2839
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February 15, 1996
10:22
PROPOSED RULES
gram approved at the same or higher certification
level of the educational program.
I
Authority G.S. 143-514.
.0402
)
EMERGENCY MEDICAL
TECHNICIAN-PARAMEDIC PERFORMANCE
EMT-Ps educated in approved programs, certified by the
Board of Modical Examinoro North Carolina Medical Board to
perform medical acts, and ftmctioning in an approved ALS
program may do any of the following in accordance with the
protocols established by their spwnsor hospital:
(1) While at the scene of a medical emergency where the
capability of continuous two-way voice communica-
tion is maintained with a phvsician. phyoioian or
approved MICN or MDA located in the sponsor
ho^ital, and upon order of such phvsician. physician
ef MICN or MDA :
(a) establish an intravenous line in a pjeripheral vein
and administer any of the following intravenous
solutions:
(i) Dextrose 5% in Water;
(Li) Lactated Ringers Solution;
(iii) Normal Saline;
(iv) Dextrose 5% Lactated Ringers;
(v) Dextrose 5% '/^ Normal Saline;
(vi) Dextrose 5% 1/4 Normal Saline;
(vii) Dextrose 10% in Water; and
(viii) Dextrose 5% Normal Saline;
(b) obtain blood for laboratory analysis;
(c) administer in an approved fashion via an appropri-
ate route any of the following medications:
ADVANCED CARDIAC LIFE SUPPORT MEDICA-
TIONS:
(i) Atropine;
(ii) Bretylium;
(iii) Calcium Chloride/Gluconate;
(iv) Dobutamine;
(v) Epinephrine 1:1000;
(vi) Epinephrine 1:10,000;
(vii) Isoproterenol;
(viii) Lidocaine;
(ix) Sodium Chloride Injection;
(x) Procainamide;
(xi) Sodium Bicarbonate; and
(xii) Dopamine;
ANESTHETICS:
(i) Lidocaine 1% or 2%;
(ii) Procaine 1% or 2%;
CARDIORESPIRATORY AGENTS:
(i) Adenosine;
(ii) Albuterol (by inhalation);
(iii) Aminophylline;
(iv) Furosemide;
(v) Isoetharine (by inhalation);
(vi) Metaproterenol (by inhalation);
(vii) Nifedipine;
(viii) Nitroglycerin Sublingual;
(Ix) Nitroglycerin Paste;
(x) Propranolol;
(xi) Racemic Epinephrine (by inhalation);
(xii) Terbutaline (injectable or by inhalation); and
(xiii) Verapamil;
OTHER MEDICATIONS:
(i) Diazepam Injectable;
(ii) Diphenhydramine Injectable;
(iii) Dextrose 50%;
(iv) Glucagon (Intramuscular or Subcutaneous);
(v) Heparin (for use with heparin locks);
(vi) IV Steroid Preparations;
(vii) Mannitol;
(viii) Naloxone;
(ix) Phenytoin Injectable;
(x) Promethazine;
(xi) Thiamine (intramuscular or intravenous);
(xii) Aspirin;
(xiii) Lorazepam Injectable;
(xiv) Amyl Nitrite (Pearls); aad
(xv) Flumazenil;
(xvi) Dextrose 25%;
(xvii) Ketorolac;
(xviii) Midazolam; and
(xix) Magnesium Sulfate Injectable:
ANALGESICS:
(i) Mefjeridine;
(ii) Morphine Sulfate;
(iii) Nalbuphine Hydrochloride; and
(iv) Nitrous Oxide (via respiratoiy route);
(d) perform pulmonary ventilation by means of a blind
insertion airway device or endotracheal tube;
(e) jjerform defibrillation or cardioversion;
(f) use gas-powered or hand-powered nebulizers;
(g) decompress a tension pneumothorax by use of a
catheter-flutter-valve device;
(h) use positive end expiratory pressure respirators;
(i) jjerform cricothyrotomy for relief of upper airway
obstruction;
(j) perform gastric suction by intubation;
(k) perform urinary catheterization;
0) perform external cardiac pacing;
(m) establish an intraosseous infiision line in appropriate
patients under 60 months of age and use it to
administer any appropriate intravenous fluid or
medication specified in this Rule;
(n) administer fluids and medications using previously
established indwelling semi-permanent central
venous catheters; and
(o) place and maintain heparin or saline locks.
(2) When confronted with serious or life threatening
clinical situations as defined in the patient care
protocols established by the sponsor hospital of the
ALS program and approved by the Office of Emer-
gency Medical Services, perform as necessary under
standing orders any of the following prior to contact-
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2840
PROPOSED RULES
(a)
(b)
(c)
(d)
(e)
(f)
(i
(ii
(iii
(iv
(V
(vi
(vii
(viii
(ix:
(X
(xi
(xii
(xiii
(xiv
(xv
(xvi
(xvii
(xviii
(xix)
(XX)
(xxi)
(xxii)
ing the sponsor hospital:
cardiopulmonary resuscitation;
defibrillation, cardioversion, or external cardiac
placing;
pulmonary ventilation by means of a blind insertion
airway device or endotracheal tube;
establish an intravenous line in a peripheral vein.
If the intravenous line is not successfully established
after two attempts, the ENfT-P must contact the
sponsor hospital prior to making another attempt;
establish an intraosseous inftjsion line in appropriate
patients under 60 months of age and use it to
administer any appropriate intravenous fluid or
medication specified in this Rule;
administer the following medications:
Albuterol (by inhalation);
Bretylium;
Epinephrine 1:1000;
Epinephrine 1:10,000;
Furosemide;
Metaproterenol (by inhalation);
Nitroglycerin;
TerbutaUne (injectable or by inhalation);
Atropine;
Dextrose 50%;
Udocaine;
Naloxone;
Sodium Bicarbonate.
Diazepam Injectable;
Diphenhydramine Injectable;
Aspirin;
Thiamine (intramuscular or intravenous); and
Lorazepam (injectable);
Dextrose 25%;
Isoetharine (by inhalation);
Midazolam; and
Magnesium Sulfate Injectable.
(3) When transporting from one medical facility to
another a patient who is receiving intravenous therapy
begun at the transferring facility, and where the
capability of continuous two-way voice communica-
tion is maintained with a physician, phyoioion or
approved MICN or MDA located in the sponsor
hospital, or when meeting the requirements of Rule
.1003 of this Subchapter and upon order of such
physician, phyoioion or MICN or MDA , EMT-Ps
may maintain intravenous lines for the following
medications:
(a) IV Antibiotics;
(b) Whole Blood and Components;
(c) Heparin Drip;
(d) Magnesium Sulfate Drip;
(e) Nitroglycerin Drip;
(f) Potassium Chloride;
(g) Urokinase;
(h) Streptokinase; and
(i) Tissue Plasminogen Activator.
Authority G.S. 143-514.
.0403 EMERGENCY MEDICAL TECHNICIAN
-INTERMEDIATE PERFORMANCE
EMT-Is educated in approved programs, certified by the
Board of Modioal Exomin e rB North Carolina Medical Board to
perform medical acts, and functioning in an approved ALS
program may do any of the following in accordance with the
protocols established by their sponsor hospital:
(1) While at the scene of a medical emeigency where the
capability of continuous two-way voice communica-
tion is maintained with a physician, ph^'oicion or
approved MICN or MDA located in the sponsor
hospital, and upxm order of such physician, phyoioion
ef MICN or MDA :
(a) establish an intravenous line in a peripheral vein
and administer any of the following intravenous
solutions:
(i) Dextrose 5 % in Water;
(ii) Lactated Ringers Solution;
(iii) Normal Saline;
(iv) Dextrose 5% in Lactated Ringer's;
(v) Etextrose 5% in Normal Saline;
(vi) Dextrose 5% in '/^ Normal Saline;
(vii) Dextrose 5% in 1/4 Normal Saline; and
(viii) Etextrose 10% in Water;
(b) perform pulmonary ventilation by means of a blind
insertion airway device;
(c) obtain blood for laboratory analysis;
(d) administer in an approved fashion via an appropri-
ate route any of the following medications:
(i) Dextrose 50%;
(ii) Epinephrine 1:1000;
(ui) Albuterol (by inhalation);
(iv) Heparin (for use with heparin locks);
(v) Metaproterenol (by inhalation);
(vi) Terbutaline (injectable or by inhalation);
(vii) Naloxone;
(viii) Aspirin;
(ix) Thiamine (intramuscular or intravenous);
(x) Dextrose 25%;
(xi) Isoetharine (by inhalation);
(xii) Diphenhydramine Injectable; and
(xiii) Epinephrine 1:10.000;
(e) place and maintain heparin or saline locks; and
(f) use gas-powered or hand-powered nebulizers.
(2) When confronted with serious or Ufe threatening
clinical situations as defined in the patient care
protocols established by the sponsor hospital of the
ALS program and approved by the Office of Emer-
gency Medical Services, perform as necessary under
standing orders any of the following prior to contact-
ing the sponsor hospital:
(a) cardiopulmonary resuscitation;
(b) defibrillation by means of an automatic or semi-
automatic defibrillator;
(c) pulmonaiy ventilation by means of a blind insertion
2841
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
airway device or endotracheal tube only when
confronted with a pulseless non-breathing patient;
(d) establish an intravenous line in a jjeripheral vein.
If the intravenous Une is not successfully established
after two attempts, the EMT-I must contact the
sponsor hospital prior to making another attempt;
(e) administer the following medications:
(i) Albuterol (by inhalation);
(ii) Dextrose 50%;
(iii) Epinephrine 1:1000;
(iv) Metaproterenol (by inhalation);
(v) Terbutaiine (injectable or by inhalation);
(vi) Naloxone;
(vii) Aspirin;
(viii) Thiamine (intramuscular or intravenous);
(ix) Dextrose 25%;
(x) Epinephrine 1:10,000; and
(xi) Diphenhydramine Injectable.
(3) When in the presence of an EMT-P or EMT-AI,
perform any act listed in this Rule ujKin direction of
the EMT-P or EMT-AI as defined by the patient care
protocols of the ALS program and approved by the
Office of Emergency Medical Services.
Authority G.S. 143-514.
.0404 MOBILE JNTENSIVE CARE NURSE
PERFORMANCE
MICNs currently approved by the Board of Medical Exnmin
efB; North Carolina Medical Board, while functioning under the
direction of a physician in the sponsor hospital of an approved
ALS program, may direct ALS professionals to perform actions
as defined in the adopted patient care protocols established by
the sponsor hospital for that ALS program. All orders issued
to ALS professionals by MICNs must be co-signed by a
physician.
Authority G.S. 143-514.
.0406 EMERGENCY MEDICAL TECHNICIAN:
ADVANCED INTERMEDIATE
PERFORMANCE
EMT-advanced intermediates educated in approved programs,
certified by the Board of Modioal Examinoro North Carolina
Medical Board to perform medical acts and functioning in an
approved ALS program, may do any of the following in
accordance with the protocols established by their sponsor
hospital:
(1) While at the scene of a medical emei^ency where the
cajiability of continuous two-way voice communica-
tion is maintained with a physician^ &f approved
MICN or MDA located in the sponsor hospital, and
upon order of such physician, physician or MICN or
MDA :
(a) establish an intravenous line in a peripheral vein
and administer any of the following intravenous
solutions;
(i) Dextrose 5% in Water;
(ii) Lactated Ringer's Solution;
(iii) Normal Saline;
(iv) Dextrose 5% 'A Normal Saline;
(v) Dextrose 5% 1/4 Normal Saline;
(vi) Dextrose 5% Normal Saline;
(vii) Dextrose 10% in Water; and
(viii) Dextrose 5% Lactated Ringer's Solution;
(b) obtain blood for laboratory analysis;
(c) administer in an approved fashion via an appropri-
ate route any of the following medications;
(i) Albuterol (by inhalation);
(ii) Atropine;
(iii) Dextrose 50%;
(iv) Epinephrine 1:1000;
(v) Epinephrine 1:10,000;
(vi) Heparin (for use with heparin locks);
(vii) Lidocaine;
(viii) Metaproterenol (by inhalation);
(ix) Naloxone;
(x) Sodium Bicarbonate;
(xi) Terbutaiine (injectable or by inhalation);
(xii) Nitroglycerin Sublingual;
(xiii) Nitroglycerin Paste;
(xiv) Aspirin;
(xv) Thiamine (intramuscular or intravenous);
(xvi) Dextrose 25%;
(xvii) Diphenhydramine Injectable;
(xviii) Ketorolac: and
(xix) Isoetharine (h\ inhalation);
(d) perform pulmonaiy ventilation by means of a blind
insertion airway device or endotracheal tube;
(e) perform defibrillation;
(f) perform external cardiac pacing;
(g) establish an intraosseous infiision line in appropriate
patients under 60 months of age and administer any
appropriate intravenous fluid or medications ap-
proved by the Board of M e dical Examin e ro North
Carolina Medical Board for use by EMT-AIs;
(h) administer fluids and medications using previously
established indweUing semi-permanent central
venous catheters;
(i) use positive end expiratoiy pressure respirators; and
(j) place and maintain heparin or saline locks;
(k) use gas-powered or hand-powered nebulizers.
(2) When confronted with serious or life threatening
clinical situations as defined in the patient care
protocols established by the sponsor hospital of the
ALS program and approved by the Office of Emer-
gency Medical Services, jjerform as necessary under
standing orders any of the foUowing prior to contact-
ing the sfwnsor hospital:
(a) cardiopulmonary resuscitation;
(b) defibrillation;
(c) pulmonary ventilation by means of a blind insertion
airway device or endotracheal tube only when
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NORTH CAROLINA REGISTER
February 15, 1996
2842
PROPOSED RULES
conironted with a pulseless non-breathing patient;
(d) estabUsh an intravenous line in a peripheral vein.
If the intravenous line is not successfully established
after two attempts, the EMT-AI must contact the
sponsor hospital prior to making another attempt;
(e) establish an intraosseous infijsion line in appropriate
patients under 60 months of age and administer any
appropriate intravenous fluid or medications ap-
pntjved by the Board of Modical Exxuninoro North
Carolina Medical Board for use by EMT-AI's;
(f) administer the following medications:
(i) Albuterol (by inhalation);
(ii) Atropine;
(iii) Dextrose 50%
(iv) Epinephrine 1:1000;
(v) Epinephrine 1:10,000;
(vi) Lidocaine;
(vii) Metaproterenol (by inhalation);
(viii) Naloxone;
(Lx) Sodium Bicarbonate;
(x) Terbutaline (injectable or by inhalation);
(xi) Nitroglycerin;
(xii) Aspirin;
(xiii) Thiamine (intramuscular or intravenous);
(xiv) Etextrose 25%;
(xv) Diphenhydramine Injectable; and
(xvi) Isoetharine (by inhalation).
(3) When transporting a patient from one medical facihty
to another who is receiving intravenous therapy
begun at the transferring facihty, and where the
capability of continuous two-way voice communica-
tion is maintained with a physician, p hysician or
approved MICN or MDA located in the sponsor
hospital, or when meeting the requirements of Rule
. 1 003 of this Subchapter and upon order of such
physician or MICN, EMT-AIs may maintain intrave-
nous lines for the following medications:
(a) Whole Blood and Components; and
fb) Potassium Chloride.
(4) When in the presence of an EMT-P, perform any act
listed in this Rule upon direction of the EMT-P as
defined by the patient care protocols of the ALS
program and approved by the Office of Emergency
Medical Services.
Authority G.S. 143-514.
hospital:
(a) defibrillation by means of an automatic or semi-
automatic defibrillator;
(b) pulmonary ventilation by means of a blind insertion
airway device; and
(c) cardiopulmonary resuscitation.
(2) When confronted with serious or life threatening
clinical situations as defined in the patient care
protocols estabhshed by the sponsor hospital of the
ALS program and approved by the Office of Emer-
gency Medical Services, administer subcutaneously
1: 1000 epinephrine to treat systemic allergic reactions
under standing orders prior to contacting the sponsor
hospital.
Authority G.S. 143-514.
.0408 EMERGENCY MEDICAL DISPATCHER
PERFORMANCE
EMDs educated in approved training programs, when certified
by the Board of Modical Examinors, North Carolina Medical
Board, and while functioning in an approved Emergency
Medical Dispatch program, may do the following in compliance
with the protocols established in the emergency medical dispatch
priority reference protocol system approved by the program
medical director:
(1) Receive and process calls for medical assistance in a
standardized manner, using the approved EMDPRS
protocol to elicit required information for evaluating,
advising, and treating sick or injured individuals, and
dispatching an appropriate EMS response.
(2) Provide pre-arrival instructions to the patient through
the caller when possible and appropriate to do so
while functioning in compliance with the EMDPRS.
Authority G. S. 143-514.
.0409 MEDICAL DIRECTION ASSISTANT
PERFORMANCE
MP As currently approved by the North Carolina Medical
Board, while functioning under the direction of a physician in
the sponsor hospital of an approved ALS program, may direct
ALS professionals to perform actions as defined in the adopted
patient care protocols established by the sponsor hospital for that
ALS program. All orders issued to ALS professionals by
MDAs must be co-signed by a physician.
.0407 EMERGENCY MEDICAL TECHNICIAN-
DEFIBRILLATION PERFORMANCE
EMT-Ds educated in approved programs, certified by the
Board of M e dical Examin e ro North Carolina Medical Board to
{perform medical acts, and fixnctioning in an approved ALS
program may perform any of the following in accordance with
the protocols established by their sponsor hospital:
(1) When confronted with a pulseless non-breathing
patient, jjerform as necessary under standing orders
any of the following prior to contacting the sponsor
Authority G.S. 143-514.
SECTION .0500 - CERTinCATION AND
APPROVAL REQUIREMENTS FOR
ADVANCED LIFE SUPPORT PERSONN'EL
.0501 CERTIFICATION REQUIREMENTS:
EMT-PARAMEDIC
(a) To become certified as an EMT-P, a person shall meet
the following criteria:
2843
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
(1) be currently certified as an emergency medical
technician in the State of North Carolina;
(2) be affiliated on a continuous basis with an ambu-
lance provider that has been issued a permit by the
Office of Emergency Medical Services and func-
tions as part of an approved Al^ program;
(3) successfully complete, within one year of applica-
tion, an EMT-P educational program meeting the
requirements of the "North Carolina EMT-P
Curriculum Outline" dated November 1990 incor-
porated herein by reference including subsequent
amendments and editions. If the educational pro-
gram was completed over one year prior to applica-
tion, a person must submit evidence of completion
of pertinent continuing education in emergency
medicine taken in the past year and have the contin-
uing education approved by the Office of Emer-
gency Medical Services;
(4) successfully complete a performance evaluation
conducted under the direction of the medical direc-
tor of the ALS program assessing his ability to
perform the skills and procedures specified in Rule
.0402 of this Subchapter;
(5) be recommended for certification upon examination
by an oral interview panel established by the ALS
program in which he is proposing to fimction;
(6) pass a basic life support practical examination
approved or administered by the Office of Emer-
gency Medical Services; and
(7) pass the EMT-P written examination administered
by the Office of Emergency Medical Services.
(b) Persons holding current certification as an EMT-P with
the National Registry of Emergency Medical Technicians or in
another state where the educational and certification require-
ments have been approved for legal recognition by the Office of
Emergency Medical Services may become certified by:
(1) presenting evidence of such certification for verifi-
cation by the Office of Emergency Medical Ser-
vices; and
(2) meeting the criteria specified in Subparagraphs
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule.
(c) Certification obtained through legal recognition shall be
valid for four years or the unexpired term of the certification
that was used to obtain a certification in this state, whichever is
shorter. All certifications shall be valid for the jjeriod stated on
the certificate issued to the applicant. This period shall not
exceed four years. Persons must be recertified by presenting
documentation to the Office of Emergency Medical Services
that they have successfully completed either of the following
options:
(1) OPTION I:
(AX4^ an ongoing continuing education program under
the direction of the medical director, meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorporated
herein by reference including subsequent amend-
ments and editions;
(B)(3) an ALS fwrformance evaluation conducted under
the direction of the medical director meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorporated
herein by reference including subsequent amend-
ments and editions assessing the ability to per-
form the skills specified in Rule .0402 of this
Subchapter; and
(C)(3) basic Ufe support practical and EMT-P written
examinations administered by the Office of
Emergency Medical Services; or
(2) OPTION C:
(A)(4) the criteria sp)ecified in Subparagraph (c)(1)(A)
and (c)(2) (l)(B) of OPTION 1 of this Rule;
(B)(3) at least one basic life support skills evaluation
following guidelines established by the Office of
Emergency Medical Services conducted under the
direction of the medical director assessing the
ability to perform the skills required of an emer-
gency medical technician as specified by the
North Carolina Medical Care Commission; and
(C)(3) at least one EMT-P written examination following
guidelines established by the Office of Emergency
Medical Services administered under the direction
of the medical director in compliance with the test
specifications of the state EMT-P written exami-
nation.
Authority G.S. 143-514.
.0502 CERTIFICATION REQUIREMENTS:
EMT-CMTERMEDIATE
(a) To become certified as an EMT-I a person must meet the
following criteria:
(1) be currently certified as an emergency medical
technician in the State of North Carolina;
(2) be affiliated on a continuous basis with an ambu-
lance provider that has been issued a permit by the
Office of Emergency Medical Services and func-
tions as part of an approved ALS program;
(3) successfully complete, within one year of applica-
tion, an EMT-I educational program meeting the
requirements of the "North Carolina EMT-I Curric-
ulum Outline" dated November 1990 incorpxjrated
herein by reference including subsequent amend-
ments and editions. If the educational program was
completed over one year prior to application, a
person must submit evidence of completion of
pertinent continuing education in emergency medi-
cine taken in the past year and have the continuing
education approved by the Office of Emergency
Medical Services;
(4) successfully complete a performance evaluation
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2844
PROPOSED RUI.es
conducted under the direction of the medical direc-
tor of the ALS program assessing his ability to
perform the skills and procedures specified in Rule
.0403 of this Subchapter;
(5) be recommended for certification upon examination
by an oral interview panel established by the ALS
program in which he is proposing to function;
(6) pass a basic life support practical examination
approved or administered by the Office of Emer-
gency Medical Services; and
(7) pass the EMT-I written examination administered
by the Office of Emergency Medical Services.
(b) Persons holding current certification as an EMT-I with
the National Registiy of Emergency Medical Technicians or in
another state where the educational and certification require-
ments have been approved for legal recognition by the Office of
Emergency Medical Services may become certified by:
(1) presenting evidence of such certification for verifi-
cation by the Office of Emergency Medical Ser-
vices; and
(2) meeting the criteria specified in Subparagraphs
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule.
(c) Certification obtained through legal recognition shall be
valid for four years or the unexpired term of the certification
that was used to obtain a certification in this state, whichever is
Sorter. AH certifications shall be valid for the period stated on
the certification issued to the applicant. This period shall not
exceed four years. Persons must be recertified by presenting
documentation to the Office of Emergency Medical Services
that they have successfully completed either of the following
options:
(D OPTION I:
(A)f4-) an ongoing continuing education program under
the direction of the medical director, meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorporated
herein by reference including subsequent amend-
ments and edirions;
rB)f5) an ALS performance evaluation conducted under
the direction of the medical director meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorporated
herein by reference including subsequent amend-
ments and editions assessing the ability to per-
form the skills specified in Rule .0403 of this
Subchapter; and
(CM^ basic life support practical and EMT-I written
examinations administered by the Office of
Emergency Medical Services; or
i2} OPTION n:
(A)f4^ the criteria specified in Subparagraph (c)(1)(A)
and (c)a) (l)(E) of OPTION I of this Rule;
(BWi) at least one basic life support skills evaluation
following guidelines estabUshed by the Office of
Emergency Medical Services conducted under the
direction of the medical director assessing the
ability to perform the skills required of an emer-
gency medical technician as specified by the
North Carolina Medical Care Commission; and
(C}(3) at least one EMT-I written examination following
guidelines established by the Ofiice of Emergency
Medical Services administered under the direction
of the medical director in compliance with the test
specifications of the state EMT-I written examina-
tion.
Authoruy G.S. 143-514.
.0504 CERTIFICATION REQUIREMENTS:
EMT-ADVANCED INTERMEDIATE
(a) To become certified as an EMT-AI a person must meet
the following criteria:
(1) be currently certified as an emergency medical
technician in the State of North Carolina;
(2) be affiliated on a continuous basis with an ambu-
lance provider that has been issued a permit by the
Office of Emergency Medical Services and func-
tions as part of an approved ALS program;
(3) successfully complete, within one year of applica-
tion, an EMT-AI educational program meeting the
requirements of the "North Carolina EMT-AI
Curriculum Outline" dated November 1990 incor-
porated herein by reference including subsequent
amendments and edifions. If the educational
program was completed over one year prior to
applicarion, a person must submit evidence of
completion of pertinent continuing education in
emergency medicine taken in the past year and
have the continuing education approved by the
Office of Emergency Medical Services;
(4) successfully complete a performance evaluadon
conducted under the direction of the medical direc-
tor of the ALS program assessing his abihty to
perform the skills and procedures specified in Rule
.0406 of this Subchapter;
(5) be recommended for certification upon examination
by an oral interview panel established by the ALS
program in which he is proposing to function;
(6) pass a basic life support practical examination
approved or administered by the Office of Emer-
gency Medical Services; and
(7) pass the EMT-AI written examinarion administered
by the Office of Emergency Medical Services.
(b) Persons holding current certification equivalent to an
EMT-AI with the National Registry of Emergency Medical
Technicians or in another state where the educational and
certification requirements have been approved for legal recogni-
tion by the Office of Emergency Medical Services may become
certified by:
(1) presenting evidence of such certification for verifi-
2845
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
cation by the Office of Emergency Medical Ser-
vices; and
(2) meeting the criteria sjjecified in Subparagraphs
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule.
(c) Certification obtained through legal recognition shall be
valid for four years or the unexpired term of the certification
that was used to obtain a certification in this state, whichever is
shorter. All certifications shall be valid for the period stated on
the certificate issued to the applicant. This period shall not
exceed four years. Persons must be recertified by presenting
documentation to the Office of Emergency Medical Services
that they have successfully completed either of the following
options:
0) OPTION I:
(A) (4-) an ongoing continuing education program under
the direction of the medical director, meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorpxsrated
^ herein by reference including subsequent amend-
ments and editions;
(B)(3) an ALS performance evaluation conducted under
the direction of the medical director meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorporated
herein by reference including subsequent amend-
ments and editions assessing the ability to jjer-
form the skills specified in Rule .0406 of this
Subchapter; and
(C)(3) basic life support practical and EMT-AI written
examinations administered by the Office of
Emergency Medical Services; or
e) OPTION n:
(A)(4) the criteria specified in Subparagraph (c)(1)(A)
and (c)(3) (l)(B) of OPTION 1 of this Rule;
(B)(3) at least one basic Ufe support skills evaluation
following guidelines established by the Office of
Emergency Medical Services and conducted
under the direction of the medical director assess-
ing the ability to jDerform the skills required of an
emergency medical technician as specified by the
North Carolina Medical Care Commission; and
(C)(3) at least one EMT-AI written examination follow-
ing guidelines established by the Office of Emer-
gency Medical Services and administered under
the direction of the medical director in compli-
ance with the test specifications of the state EMT-
AI written examination.
Authority G.S. 143-514.
.0505 CERTIFICATION REQUIREMENTS:
EMT-DEFIBRILLATION
(a) To become certified as an EMT-D a person must meet
the following criteria:
(1) be currently certified as an emergency medical
technician in the State of North Carolina;
(2) be affiUated on a continuous basis with an ambu-
lance provider that has been issued a p)ermit by the
Office of Emergency Medical Services, or an
approved first responder organization which fiinc-
tions as part of an approved ALS program;
(3) successfully complete, within one year of appUca-
tion, an EMT-D educational program meeting the
requirements of the "North Carolina EMT-D
Curriculum Outline" dated November 1990 incor-
jxsrated herein by reference including subsequent
amendments and editions. If the educational
program was completed over one year prior to
application, a person must submit evidence of
completion of pertinent continuing education in
emergency medicine taken in the past year and
have the continuing education approved by the
Office of Emergency Medical Services;
(4) successfully complete a performance evaluation
conducted under the direction of the medical direc-
tor of the ALS program assessing his ability to
perform the skills and procedures specified in Rule
.0407 of this Subchapter;
(5) pass a basic life supjxjrt practical examination
approved or administered by the Office of Emer-
gency Medical Services; and
(6) f)ass the EMT-D written examination administered
by the Office of Emergency Medical Services.
(b) Persons holding cuirent certification equivalent to EMT-D
with the National Registry of Emergency Medical Technicians
or in another state where the educational and certification
requirements have been approved for legal recognition by the
Office of Emergency Medical Services may become certified
by:
(1) presenting evidence of such certificarion for verifi-
cation by the Office of Emergency Medical Ser-
vices; and
(2) meeting the criteria specified in Subparagraphs
(a)(1), (a)(2), (a)(4), and (a)(5) of this Rule.
(c) Certification obtained through legal recognition shall be
valid for four years or the unexpired term of the certification
that was used to obtain a certification in this state, whichever is
shorter. All certifications shall be valid for the period stated on
the certificate issued to the applicant. This period shall not
exceed four years. Persons must be recertified by presenting
documentation to the Office of Emergency Medical Services
that they have successfully completed either of the following
options:
ID OPTION I:
(A)ft) an ongoing continuing education program under
the direction of the medical director, meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorjxarated
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2846
PROPOSED RULES
herein by reference including subsequent amend-
ments and editions;
(BM^ an ALS performance evaluation conducted under
the direction of the medical director meeting the
requirements of "Guidelines for Continuing
Education and Performance Evaluation of Emer-
gency Medical Services Advanced Life Support
Personnel" dated February 1988 incorporated
herein by reference including subsequent amend-
ments and editions assessing the ability to per-
form the skills specified in Rule .0407 of this
Subchapter; and
iC0j basic life support practical and EMT-D written
examinations administered by the Office of
Emergency Medical Services; or
(2) OPTION n:
(A)fB the criteria specified in Subparagraph (c)(1)(A)
and (c)(5) (l)(B) of OPTION I of this Rule;
£B}(3) at least one basic life support skills evaluation
following guidelines established by the Office of
Emergency Medical Services and conducted
under the direction of the medical director assess-
ing the ability to perform the skills required of an
emergency medical technician as specified by the
North Carolina Medical Care Commission; and
(C)0^ at least one EMT-D written examination follow-
ing guidelines established by the Office of Emer-
gency Medical Services and administered under
the direction of the medical director in compU-
ance with the test ^Decifications of the state EMT-
D written examination.
Authority G.S. 143-514.
.0506 CERXmCATION REQUIREMENTS:
EMERGENCY MEDICAL DISPATCHER
(a) To become certified as an EMD, a person must meet the
following criteria:
(1)
(2)
(3)
(4)
be at least 18 years of age;
be affiliated on a continuous basis with an emer-
gency medical dispatch program approved by the
Office of Emergency Medical Services;
successfully complete, within one year prior to
application, an American Heart Association (AHA)
Level "C" cardiopulmonary resuscitation (CPR)
course or equivalent;
successfully complete, within one year prior to
application, an approved EMD educational program
meeting the requirements of the "Guidelines for
Development and Operation of Emergency Medical
Dispatch Programs" dated March 1995 incorpo-
rated herein by reference editions, including subse-
quent amendments and editions. If the educational
program was completed over one year prior to
application, a person must submit evidence of
completion of pertinent continuing education in
emergency medical dispatch taken in the past year
and have the continuing education apiproved by the
Office of Emergency Medical Services;
(5) successfully complete an evaluation conducted
under the direction of the medical director of the
EMD program assessing the abihty to perform the
dcills and procedures specified in Rule .0408 of this
Subchapter; and be recommended for certification
examination.
(6) pass the EMD written examination administered or
approved by the Office of Emergency Medical
Services.
(b) Persons holding current certification equivalent to EMD
with an approved emergency medical dispatch certification
agency or in another state where the educational and certifica-
tion requirements have been approved for legal recognition by
the Office of Emergency Medical Services may become
certified by:
(1) presenting evidence of such certification for verifi-
cation by the Office of Emergency Medical Ser-
vices; and
(2) meeting the criteria sfjecified in Subparagraphs
(a)(1), (a)(2), (a)(3), and (a)(5) of this Rule.
(c) Certification obtained through legal recognition shall be
valid for four years or the unexpired term of the certification
that was used to obtain a certification in this state, whichever is
shorter. All certifications shall be valid for the period stated on
the certificate issued to the applicant by the Office of Emer-
gency Medical Services. This period shall not exceed four
years. Persons must be recertified by presenting documentation
to the Office of Emergency Medical Services that they have
successfully completed either of the following options:
ID OPTION I:
(A>fB an ongoing continuing education program under
the direction of the medical director, meeting the
requirements of "Guidelines for Development and
Operation of Emergency Medical Dispatch Pro-
grams" dated March 1995 incorporated herein by
reference editions, including subsequent amend-
ments and editions.
(BX3) an EMD performance evaluation conducted under
the direction of the medical director meeting the
requirements of "Guidelines for Development and
Operation of Emergency Medical Dispatch Pro-
grams" dated March 1995 incoqxDrated herein by
reference including subsequent amendments and
editions assessing the ability to perform the skills
specified in Rule .0408 of this Subchapter; and
(C)(3) an EMD written examination administered by the
Office of Emergency Medical Services; or
0) OPTION n:
(A)ffi the criteria specified in Subparagraph (c)(1)(A)
and (c)(3) (l)(B) of OPTION I of this Rule; and
(B)(3) a written examination following guidelines estab-
lished by the Office of Emergency Medical
Services and administered imder the direction of
the medical director in compliance with the test
specifications of the state EMD written examina-
2847
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
tion.
Authority G.S. 143-514.
.0507 APPROVAL REQUIREMENTS: MEDICAL
DIRECTION ASSISTANT
(a) To be approved as a MDA. a person must meet the
following criteria:
(1) be currently approved and registered as a physician
assistant or nurse practitioner in the State of North
Carolina:
(2) be affiliated on a continuous basis with a sponsor
hospital which is part of an approved ALS pro-
gram;
(3) have a minimum of two years emergency or critical
care experience, or a combination of this exf>eri-
ence;
(4) present evidence of successful completion of a
MDA educational program meeting the require-
ments of the "North Carolina MDA Curriculum
Outline" dated November 1995 incorporated herein
by reference including subsequent amendments and
editions. If the educational program was completed
over one year prior to application, a person must
submit evidence of completion of pertinent continu-
ing education in emergency medicine taken in the
past year and have the continuing education ap-
proved by the Office of Emergency Medical Ser-
vices: and
(5) be recommended by the medical director of the
ALS program after determining that the applicant
is adequately familiar with the patient care and
operational protocols of the ALS program.
(b) Approval shall be valid for a period not to exceed four
years at which time the person may be reapproved by success-
fully completing an approved MDA reapproval program under
the direction of the medical director, meeting the requirements
of "Guidelines for Reapproval of Medical Direction Assistants"
dated November 1995 incorporated herein by reference
including subsequent amendments and editions.
Authority G.S. 143-514.
SECTION .0600 - ENFORCEMENT
.0601 GROUNDS FOR DENUL, SUSPENSION,
OR REVOCATION
(a) The Board of Modicol Exmninora North Carolina Medical
Board may deny, suspend or revoke the approval of an ALS
programj_EMD program or sponsor hospital for any of the
following reasons:
(1) failure to comply with the requirements as found in
Sections .0200 and .0300 of this Subchapter; or
(2) obtaining approval through fraud or misrepresenta-
tion.
(b) The Board of Modicol Examiners North Cajolina Medical
Board may deny, suspend or revoke the certification of an ALS
professional or the approval of a MICN or MDA for any of the
following reasons:
(1) failure to comply with the applicable performance
and certification and approval requirements as
found in these Rules;
(2) immoral or dishonorable conduct;
(3) making false statements or representations to the
Board of Medical Examincre North Carolina
Medical Board or the Office of Emergency
Medical Services or willfuUy concealing of
material information in connection with an
application for certification or approval.
(4) being unable to perform as an ALS Professional.
Profcoaional or MICN or MDA with reasonable
skill and safety to patients and the public by
reason of illness, drunkenness, excessive use of
alcohol, drugs, chemicals, or any other type of
material or by reason of any physical or mental
abnormality;
(5) unprofessional conduct, including but not limited
to a failure to comply with the rules relating to
the proper function of an ALS Professional.
Profcasionol or MICN or MDA contained in this
Subchapter or the performance of or attempt to
perform a procedure which is detrimental to the
health and safety of a patient or which is beyond
the scope and responsibility of the ALS Profes-
sional. Profcasionol or MICN or MDA :
(6) conviction in any court of a crime involving
moral turpitude, a conviction of a felony, or
conviction of a crime involving the function of
an ALS Professional. Profcasionol or MICN or
MDA;
(7) by false representations obtaining or attempting
to obtain money or anything of value from a
patient;
(8) adjudication of mental incompetence;
(9) lack of professional competence to practice with
a reasonable degree of skill and safety for pa-
tients including but not limited to a failure to
perform a prescribed procedure, failure to
perform a prescribed procedure competently or
performance of a procedure which is not within
the scope of official duties of the ALS Profes-
sional. Profcaaional or MICN or MDA ;
(10) failure to respond within a reasonable period of
time and in a reasonable manner to inquiries
from the Board of Medical Exomincra North
Carolina Medical Board or the Office of Emer-
gency Medical Services concerning any matter
relating to the practice of an ALS Professional,
Professional or MICN or MDA ;
(11) testing positive for substance abuse by blood,
urine or breath testing while on duty as an ALS
Professional. Profcasional or MICN or MDA ; or
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2848
PROPOSED RULES
(12) representing or allowing others to represent that
the ALS Professional, Profoooional or MICN or
MDA is a physician or otherwise has a certifica-
tion or approval that the ALS Professional.
Profoooional or MICN or MDA does not in fact
have.
Authority G.S. 143-514.
.0602 PROCEDURES FOR DENIAL,
SUSPENSION, OR REVOCATION
(a) The Board of M e diool Exomin e ro may deny, suspend
or revoke the certification of an ALS professional or the
approval of a MICN, MDA . sponsor hospital, EMD
program or ALS program in accordance with Article 3 A of
Chapter 150B.
(b) Notwithstanding Paragraph (a) of this Rule, the Board
of Medical Examin e rs North Carolina Medical Board may
summarily suspend the certification of an ALS professional,
the approval of a MICN, MDA, sponsor hospital, EMD
program or ALS program as specified in G.S. 150B-3(c).
Authority G.S. 143-514.
SECTION .0700 - EXCEPTIONS
.0701 CONDITIONS
Upon application of interested citizens in North Carolina,
the Board of M e dical Exomuioni North Carolina Medical Board
is authorized to and reserves the right to approve the furnishing
and providing of ALS programs in North Carolina by persons
who have been approved to pro\'ide these services by an agency
of a state or federal jurisdiction adjoining North Carolina. This
apiproval may be granted where the Board of Medical Examin-
ers finds and concludes that the requirements enumerated in
Rule .0201 of this Subchapter for ALS programs cannot be
reasonably obtained by reason of lack of geographical access.
Authority G.S. 143-514.
.0702 REQUESTS
All requests for any exception of any Rule of this Subchapter
must be submitted in writing to the Office of Emergency
Medical Services for presentation to the Board of M e dical
Examiners. North Carolina Medical Board.
Authority G.S 143-514.
SECTION .0800 - FORMS
.0801 REQUIRED FORMS AND DOCUMENTS
(a) The following forms are required for certification or
approval:
(1) Certification Application Form;
(2) ALS Personnel Verification Form;
(b) The following documents are required for educational and
evaluation programs and referenced in the Rules:
(1) "North Carolina EMT-P Curriculum Outline";
(2) "North Carolina EMT-AI Curriculum Outline";
(3) "North Carolina EMT-I Curriculum Outline";
(4) "North Carolina EMT-D Curriculum OutUne";
(5) "North Carolina MICN Curriculum Outline";
(6) "Guidelines for Continuing Education and Perfor-
mance Evaluation of Emergency Medical Services
Advanced Life Support Personnel";
(7) "Guidelines for Reapproval of Mobile Intensive
Care Nurses"; and
(8) "Guidelines for the Selection and Performance of
the Emergency Medical Services Nurse Liaison".
Liaison";
{9} "Guidelines for Development and Operation of
Emergency Medical Dispatch Programs. Pro-
grams";
(10) "North Carolina MDA Curriculum Outline"; and
(11) "Guidelines for Reapproval of Medical Dispatch
Assistants".
Authority G.S. 143-514.
SECTION .0900 - STUDY PROJECTS
.0901 CONDFTIONS
(a) Persons proposing to undertake a study project shall have
a project director who is a physician Ucensed to practice
medicine in the State of North Carolina and shall submit a
written proposal to the Office of Emergency Medical Services
for presentation to the Board of Modioal Examin e rs North
Carolina Medical Board . The proposal must include the
following:
(1) a description of the purpwse of the project, an
explanation of the proposed project, the methodol-
ogy to be used in implementing the project, and the
geographical area to be covered by the proposed
project;
(2) a list of the ALS programs, ambulance providers,
and hospitals participating in the project;
(3) a signed statement of endorsement from the medical
director of each participating ALS program, the
chief executive officer of each participating hospi-
tal, and the director of each participating ambulance
provider;
(4) a description of the skills to be utilized by the ALS
professionals if different from those sf)ecified in this
Subchapter, the provisions for training and super-
vising the piersonnel who are to utilize these skills
and the names of such personnel; and
(5) the name and signature of the project director
attesting to his approval of the proposal.
(b) The hospitals and ambulance providers participating in the
project must be a part of an approved ALS program.
(c) The time period for the project shall not exceed three
years.
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PROPOSED RULES
Authority G.S. 143-514.
.0902 STUDY PROJECT APPROVAL
(a) Tlie Board of Modicol Exnminorg North Carolina Medical
Board may grant approval to any project which is found to
comply with the conditions specified in this Section.
(b) Project approval shall be granted for a period of one year
from the date of approval by the Board of Medical Examiner s
North Carolina Medical Board . Approval for continuation
beyond this period by the Board of Medical Examin e rs North
Carolina Medical Board shall be based on the achievement of
satisfactory pnogress as evidenced in written progress reports to
be submitted to the Office of Emergency Medical Services at
least 90 days prior to the end of the approved year.
(c) Approval of a project by the Board of M e dical Examin e ro
North Carolina Medical Board shall constitute approval of the
personnel Usted in the proposal to exercise the sfjecified skills
as participants in the project. The project director shall submit
the names of additional personnel to the Office of Emergency
Medical Services for approval by the Board of Medical
Examiner s North Carolina Medical Board prior to using
additional personnel in the project.
(d) The Board of Modiool Examin e rB North Carolina Medical
Board may rescind approval of the study project at any time.
Authority G.S. 143-514.
CHAPTER 68 - CERTDTCATION BOARD FOR
SUBSTANCE ABUSE PROFESSIONALS
Notice is hereby given in accordance with G.S.
150B-2 1.2(c) that the North Carolina Substance Abuse
Professionals Cert^ication Board intends to adopt rules cited as
21 NCAC 68 .0101 - .0102, .0201 - .0213. .0401 - .0407,
.0701 - .0709.
Proposed Effective Date: August 1, 1996.
A Public Hearii^ will be conducted at 10:00 am on March 19,
1996 at Nick's Cuisine, 2699 Ramada Road, Burlington, NC
27216 (See Maitre d' for room designation).
Reason for Proposed Action: The Board as certifying
authority for Substance Abuse Professionals needs rules to
irform the public concerning its purpose, organization, powers
and duties. Furthermore it needs to make public its rules
regarding all aspects of the certification process, standards of
practice and discipline.
Comment Procedures: Any person may submit comments to
the Board either orally or in writing at the Public Hearing. All
other written comments must be received by the Board no later
than the commencement of the Public Hearing. Written
comments will be mailed to: Mr. Jim Scarborough, North
Carolina Substance Abuse Professionals Certfication Board, PO
Box 10126, Raleigh, NC 27605.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds.
SECTION .0100 - GENERAL
.0101 DEFINmONS
(a) "Assessment" means identifying and evaluating an
individual's strengths, weaknesses, problems and needs for the
development of treatment plan for alcohol and drug abuse.
(b) "Board" means the North Carolina Substance Abuse
Professional Certification Board.
(c) "Complainant" means a person who has files a complaint
pursuant to these rules.
(d) "Consultation" means a meeting for discussion, decision-
making and planning. The most common consultation is the
regular in-house staffing in which client cases are reviewed with
other members of the treatment team.
(e) "Crisis" means a decisive, crucial event in the course of
treatment that threatens to compromise or destroy the rehabilita-
tion effort. These crises may be directly related to alcohol or
drug use as in the examples of overdose or relapse. Alterna-
tively, these crises may be indirectly related to alcohol or drug
use as in the examples of death of a significant other, suicidal
gestures, a psvchotic episode or outside pressure to terminate
treatment.
(f) "Hearing Committee" means a committee comprised of
three members of the Board of Directors appointed by the
President to hear an appeal from the Ethics Committee.
(g) "President" means the President of the North Carolina
Substance Abuse Professional Certification Board.
(h) "Recipient" means a person other than a client who
receives substance abuse services.
(T) "Referral" means identifying the needs of a cUent that
cannot be met by the counselor or agency and assisting the
client to utilize the support systems and community resources
available.
(i) "Reprimand" means a formal written warning.
rk) "Residential Facility Director Certification" means a
certification designating a counselor with 50 hours of
NCSAPCB approved academic and didactic management
specific training, positive recommendations of a supervisor and
co-worker and payment of any authorized fee.
(1) "Respondent" means a person who is certified by the
North Carolina Substance Abuse Professional Certification
Board against whom a complaint has been filed.
(m) "Substance Abuse Counseling Experience" means
approved supervised experience that may be full-time or part-
time, paid or voluntary, and direct or indirect but must include
all of the 12 core fiinctions as appropriately documented by a
job description and supervisor's evaluation.
(n) "Supervised Practical Training" means supervision to
teach the knowledge and skills related to professional substance
abuse counseling.
(o) "Suspension" means a rime-limited loss of certification or
the privilege for making application for certification for up to
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February 15, 1996
2850
PROPOSED RULES
two years.
Authority G.S. 90-113.30: 90-113.33.
.0102 BOARD MAILING ADDRESS
Unless otherwise directed, all correspondence shall be mailed
to the following address:
North Carolina Substance Abuse
FV^fessionals Certification Board
P.O. Box 10126
Raleigh. NC 27605.
Authority G.S. 90-113.30; 90-113.33.
SECTION .0200 - CERTIFICATION
.0201 APPLICATION FOR REGISTRATION
(a) Applications, inquiries and forms shall be obtained from
and returned to the Board.
Co) A letter requesting a registration package pursuant to
Rule .0202 of this section and check or money order for a
nonrefimdable fee of twenty-five dollars ($25.00) may be sent
to the Board.
Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.39;
90-113.40.
.0202 REGISTRATION PROCESS FOR BOARD
CERTIFICATION
(a) Individuals may register with the Board at the beginning
of their entry into the field. This allows the Board to review
the registrant's materials including education, training, experi-
ence and supervision contracts and provide the registrant with
a clear understanding of his or her standing in the certification
process.
(b) Although early registration is not required, it will provide
better direction through the process. To register, the applicant
must send the following to the Board:
(1) Completed registration form provided by the Board;
(2) C)ocumentation of required high school graduation or
completion of GED. as well as documentation of any
baccalaureate or advanced degree the applicant may
have completed;
(3) A signed supervision contract documenting the
proposed supervision process by an approved super-
visor;
(4) A signed form attesting to the applicant's commit-
ment to adhere to the ethical standards of the Board;
and
(5)
A check or money order in the amount of one
hundred dollars ($100.00) that is non-refimdable and
made payable to the Board.
(c) Once the materials are determined by the Board to be in
order the applicant shall be granted registration status.
(d) If a registrant performs services as a counselor, in order
for this experience to be considered toward certification at a
later date, the registrant shall receive supervision from an
approved supervisor at a ratio of one hour of supervision for
every ten hours of practice.
Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.39;
90-113.40.
.0203 CERTIFICATION AS SUBSTANCE ABUSE
COUNSELOR INTERN
(a) An applicant may choose to by-pass early registration for
entry level certification and seek certification as a Counselor
Intern.
(b) To be certified as a Substance Abuse Counselor Intern,
a counselor shall submit and successfully complete the follow-
ing:
(1) A registration form provided by the Board;
(2) Documentation of high school graduation or comple-
tion of the GED. as well as any baccalaureate or
advanced degree the applicant may have completed.
A transcript shall serve as the necessary documenta-
tion where appropriate;
(3) A signed form attesting to the applicant's commit-
ment to abide by the ethical standards of the Board;
(4) A signed supervision contract documenting the
continuing supervision process by a Board approved
supervisor.
(5} Documentation verifying the successfiil completion of
300 hours of Supervised Practical Training.
(6} Successful completion of the written examination.
(7) Payment of a non-refundable, seventy-five dollar
($75.00) written exam fee plus a one hundred dollar
($100.00) registration fee if not already registered
with the Board.
(c) Upon the failure of an applicant to achieve a passing
score, the applicant may request a retest and pay a non-refund-
able retest fee after the period of three months.
(d) Once an individual has been certified as a Substance
Abuse (Counselor Intern, he or she may function as a counselor
under the Board's supervision at a ratio of one hour of supervi-
sion for every 40 hours of practice.
Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.38;
90-113.39; 90-113.40; 90-113.41.
.0204 SUPERVISED PRACTICAL TRAINING FOR
SUBSTANCE ABUSE COUNSELOR
CERTmCATION
(a) The process of supervision utilized to train the Substance
Abuse Counselor must be provided by a Board approved
supervisor and cover all twelve core functions of the Substance
Abuse Counselor. Verification of at least ten hours of super-
vised practice must be made in each of the following core
functions as follows:
(1) Screening to determine a client is appropriate and
eligible for admission to a particular program;
(2) Intake to provide the administrative and initial assess-
ment procedures for admission to a program;
(3) Orientation of the client to the general nature and
2851
NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
goals of the program, rules governing client conduct,
notice of the hours during which services are avail-
able, treatment costs to be borne by the client, if any,
and client's rights:
(4) An assessment to identify and evaluate an individ-
ual's strengths, weaknesses, problems and needs for
the development of the treatment plan:
(5) The treatment planning process whereby the coun-
selor and client identify and rank problems needing
resolution, establish agreed upon immediate and long
term goals, and decide on a treatment process and
the resources to be utilized:
(6) Counseling to assist individuals, families or groups in
achieving objectives through exploration of a problem
and its ramifications, examination of attitudes and
feelings, consideration of altemative solution, and
decision making:
(7) Case management activities which bring services,
agencies, resources or people together within a
planned framework of action toward the achievement
of established goals:
(8) Those crisis intervention services which respond to
an alcohol or other drug abuser's needs during acute
emotional and physical distress:
(9) Provision of client education information to individu-
als and groups describing alcohol and other drug
abuse and the available services and resources:
(10) Referring the client whose needs cannot be met by
the counselor or agency to other support systems and
community resources available:
(11') Charting the results of the assessment and treatment
plan while writing reports, progress notes, discharge
summaries and other client-related data necessary for
the compilation of necessary reports and
recordkeeping:
(12) Consultation with substance abuse and other profes-
sionals to assure comprehensive, quality care for the
client.
(b) These 120 hours of supervision must be divided into one
hour of supervision for every ten hours of practice in each one
of the twelve core functions. The remaining 180 hours of
Supervised Practical Training must be in core function areas but
may be distributed at the discretion of the supervisor.
(c) Upon completion of the 300 hours, the supervisor shall
complete an evaluation form reviewing the Counselor Intern's
professional development and provide it to the Board, docu-
menting the 300 hours of practice, including 30 hours of
supervision.
(d) This training may be completed as an academic course
of study in a fUly accredited college or university or it may be
developed in the work setting as long as it is appropriately
supervised. The Supervised Practical Training must take place
within a program whose primary focus is the treatment of
alcohol and drug abuse.
Authority G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.34;
90-1 13.39; 90-1 13.40.
.0205 CERTIFIED SUBSTANCE ABUSE
COUNSELOR CERTIFICATION
Requirements for certification as a Certified Substance Abuse
Counselor are as follows:
(1) At least 6000 hours of paid or volunteer supervised
experience earned in not less than three years. If the
work setting is not exclusively substance abuse
focused, the applicant may accumulate experience
proportional to the substance abuse services per-
formed:
(2) Board approved education and training of at least 270
clock hours as follows:
(a) Substance Abuse Specific (SAS) education and
training in the amount of at least 190 hours:
(b) Up to 80 hours can be directed toward general
professional skill building (GSB) to enhance
counselor development:
(c} No more than 25% of the 270 hours (67.5
hours) may be inservice education received
within the applicant's organization by staff of
the same organization:
(d) All 270 clock hours needed for initial certifi-
cation must be in the core competencies-
Core competencies are listed as follows:
(D Basic alcoholism, drug addiction and
cross addiction knowledge:
(ii) Screening, intake, orientation and as-
sessment:
(iii) Individual, group and family counsel-
ing and intervention techniques:
(iv) Case management, treatment planning,
reporting and record keeping:
(v) Crisis intervention skills:
(vi) Prevention and education:
(vii) Consultation, referral and networking
that utilizes community resources:
(viii) Ethics, legal issues, and confidentiality:
(ix) Special populations which mean indi-
viduals or groups with differing ethnic,
cultural, sexual orientation, gender and
perinatal issues as well as persons
dealing with HIV and disabilities:
(x) Physiology and pharmacology of alco-
hol and other drugs that include the
licit and illicit drugs, inhalants and
nicotine;
(xi) Psychological, emotional, personality
and developmental issues: and
(xii) Twelve steps, traditions and philoso-
phies of recovery support groups:
(e) Of the 270 clock hours, all applicants for
certification as a Substance Abuse Profes-
sional must document twelve hours of HIV or
AIDS training and education and six hours
professional ethics training and education;
(3) A one hundred dollar ($100.00) oral examination and
case preparation fee plus a seventy-five ($75.00)
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NORTH CAROLINA REGISTER
February 15, 1996
2852
PROPOSED RULES
(4)
(5)
written exam fee and a one hundred dollar ($100.00).
non-refundable registration fee, unless previously
paid. The applicant may request a retest and pay a
non-refundable retest fee of one hundred dollars
($100.00) if a passing score is not achieved and at
least three months have passed;
Successful completion of the ICRC/AODA written
exam;
Successful completion of an oral examination and
case presentation administered by the Board follow-
ing review and approval by the Board of the require-
ments in this Rule;
(6) Completed evaluation forms and contracts for super-
vision, these forms must be mailed directly to the
Board by three references: a supervisor, co-worker,
and colleague;
(7) A signed form attesting to the applicant's adherence
to the Ethical Standards of the Board;
(8) Documentation of high school graduation, completion
of GED. baccalaureate or advanced degree;
(9) Completed registration forms;
(10) Resume and job description which verifies iob
function for three year supervised experience.
hours for a Residential Facility Director.
(3) No more than 25 percent or 15 hours of workshop
presentation with two hours of presentation translat-
ing to one hour of education and no greater than 10
hours for a Residential Facility Director. Workshop
presentation must be a part of a pre-Board approved
event.
(4) No more than 25 pereent or 15 hours of Alco-
hol/Drug Education Traffic School (ADETS) and
Drug Education School (PES) events and no greater
than 10 hours for a Residential Facility EHrector.
(5) An applicant shall Include documentation of each
event submitted.
(6) Beginning July 1. 1995. all applicants shall include
six hours of HTV/AIDS training and education and
three hours of professional ethics training and educa-
tion.
(d) To be recertified, a certified professional must submit the
following:
(1) A completed application form with continuing educa-
tion documented; and
(2) A non-refundable seventy-five dollar ($75.00) recerti-
fication fee.
Aiuhoruy G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.36;
90-113.39; 90-113.40.
.0206 CERTIFICATION PERIOD
Certification is for a period of two years after which recertifi-
cation is necessary.
Authority G.S. 90-113.30; 90-113.37; 90-113.33.
.0207 CONTINUING EDUCATION REQUIRED
FOR RECERTDFICATION
(a) Each certified professional other than the Residential
Facility Directors must receive 60 hours of Board approved
education during the current certification period which can be
documented. A minimum of 30 hours must be substance abuse
specific (SAS) and no more than 25 percent or 15 hours can be
inservicg education. This education may include a combination
of hours including attending workshops, receiving clerical
supervision and providing workshops.
(b) To be certified as a Residential Facility Director, an
applicant must receive 40 hours of continuing education for this
certification every two years, half of which must be in adminis-
tration and no more than 25 percent or 10 hours of which may
be inservice.
(c) Recertification educational guidelines as a Substance
Abuse Professional require:
(1) No more than 25 pereent or 15 hours may be
inservice education, received within your organiza-
tion by staff of the same employment and no greater
than 10 hours for a Residential Facility Director.
(2) No more than 25 pereent or 15 hours receiving
supervision with two hours of supervision translating
to one hour of education and no greater than 10
Authority G.S. 90-113.30; 90-113.33; 90-113.37; 90-113.38.
.0208 RECIPROCITY
(a) If a counselor holds a certification in an ICRA/AODA
member state as a certified Substance Abuse (to include alcohol
and other drugs) Counselor, the Counselor may transfer this
certification to or from North Carolina by applying a transfer
fee as accessed by the ICRC/AODA.
(b) The reciprocal certification effective date shall remain the
same as in the previous state.
(c) At the time when recertification is required, it will be the
individual's responsibility to submit an application for recertifi-
cation. For the period of the first recertification in North
Carolina, this Board will accept the member's former State
recertification requirements for the purpose of reciprocal
recertification. At the end of this recertification period, it will
be the individual's responsibility to conform to the recertifica-
tion requirements of North Carolina in effect at the time of
recertification.
Authority G. S. 90-113.30; 90-113.33; 90-113.37; 90-113.38.
.0209 CONVERSION
(a) Alcoholism and drug abuse counselors have the option to
convert to substance abuse counselors as prescribed by
ICRC/AODA or maintain their alcohol or drug abuse certifica-
tion.
(h) A person with either of the single credentials is not
eligible for reciprocity or the international certificate through the
ICRC/AODA.
(c) The conversion fee is one hundred twenty-five dollars
($125.00) and twenty-five dollars ($25.00) of this fee is due
when the application packet is requested.
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NORTH CAROLINA REGISTER
February 15, 1996
10:22
PROPOSED RULES
Authority G.S. 90-113.30; 90-113.33.
.0210 PROCESS FOR PREVENTION CONSULTANT
CERTmCATION
(a) This certification is offered to those persons whose
primaiv responsibilities are to provide prevention and education,
alternative activities, community organization, networking, and
referral. Prevention consultants may be either based in human
service agencies or other appropriate settings.
(h) Requirements for certification are as follows:
(1) Five vears full-time experience in the filed or two
years if the applicant has a bachelor's degree or
higher in a human services field;
(2) 270 hours of board approved academic and didactic
training divided in the following manner:
(a) 1 70 hours in the area of primary prevention
and life skills training: and
(b) 100 hours in substance abuse specific mate-
rial;
(3) A minimum of 300 Board approved practicum hours
documented by a qualified alcohol, drug or substance
abuse professional;
(4) Evaluations from a supervisor on this practicum as
well as two evaluations from colleagues or co-work-
master's degree or higher educarion):
(4) Thirty hours of substance abuse clinical supervision
specific education or training for initial certification
and 15 hours of recertificarion (which will occur
every two years). These hours shall be reflective of
the twelve core fimctions in their clinical application
and practice and may also be used as recertificarion
hours for counselor certificarion:
(5) Three letters of reference: one from a professional
who can attest to supervisory competence and two
ftom either counselors who have been supervised by
the candidate or professionals who can attest to the
applicant's competence;
(6) Successfijl completion of a written examinarion:
(7) Payment of all fees. A fee of twenty-five dollars
($25.00) shall be submitted to the Board with a letter
of intent in order to receive the application packet.
A fee of one hundred fifty dollars ($150.00) shall be
submitted to the Board when the applicarion packet is
completed and mailed (fifty dollars ($50.00) shall be
the registration and processing fee and $100.00 is the
written test fee); and
(8) A fee of seventy-five dollars ($75.00) shall be
required as a recertificarion fee.
(5) Successful completion of a written examinarion;
(6) Signed verification statements confirming that appli-
cant will abide by high ethical standards as defined
by the Board and that applicant has been Iree of
addicrive use of alcohol and other drugs for a mini-
mum of two vears:
(7) A registration and testing fee of one hundred twenty-
five dollars ($125.00), twenty-four dollars ($24.00)
of which is due when the request is made for the
application packet and the remainder at the rime of
filing.
Authority G.S. 90-113.30; 90-113.31; 90-113.33; 90-113.34;
90-113.40; 90-113.41.
.0211 PROCESS FOR CLINICAL SUPERVISOR
CERTmCATION
(a) Clinical Supervisor Certificarion shall be a voluntary
certification. It is an aspect of staff development dealing with
the clinical skills and competencies for persons providing
counseling.
(b) Requirements for certification are:
(1) Applicant shall obtain and maintain substance abuse
counselor certificarion in order to be enjoy Clinical
Supervisor Certificarion:
(2) After Jime 30, 1998, all applicants shall be required
to hold a master's degree or higher education;
(3) 12.(XX3 hours or six years experience in the field of
alcohol and other drug abuse counseling or 8.000
hours or four years experience if the applicant has a
master's degree or higher education. (After June 30.
1998. all applicants shall be required to hold a
Authority G.S. 90-113.30; 90-113.33; 90-113.34; 90-113.38;
90-113.40; 90-113.41.
.0212 PROCESS FOR RESIDENTIAL FACILITY
DIRECTOR CERTmCATION
(a) Residential facility director certificarion is a voluntary
certification. It can be obtained and continued by any person
who enjoys certificarion as a Certified Substance Abuse
Counselor.
(b) Requirements for certificarion are as follows:
(1) 50 hours of Board approved academic and didactic
management specific training;
(2) Recommendarion of applicant's current supervisor;
(3) Posirive recommendation of a colleague and co-
worker of the applicant; and
(4) Registrarion and applicarion fee of one hundred
twenty-five dollars ($125.00). twenty-five ($25.00) of
which is due when requesting application and the
remainder is due upon filing.
(c) In addition to meeting the continuing education require-
ments provided to practice as a Certified Substance Abuse
Counselor, in order to maintain uninterrupted certificarion as a
Residential Facility Director, the applicant shall take 40 hours
of continuing education every two years and maintain proper
documentation of such training. Anyone allowing certificarion
to lapse beyond three months of the recertificarion due date shall
be required to reapply as a new applicant.
Authority G.S. 90-113.30; 90-113.33; 90-113.35; 90-113.38;
90-113.39; 90-113.40.
.0213 CONTINUING EDUCATION APPROVAL
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NORTH CAROLINA REGISTER
February 15, 1996
2854
PROPOSED RULES
POLICY
(al The Board shall approve educational events for profes-
sional certification. One certified hour is defined a one contact
hour of participation in an organized continuing education
experience under responsible sponsorship, capable direction and
qualified instruction. Continuing education used to meet the
certification requirements shall be reviewed and approved by the
Board. If the sponsor does not obtain credit from the Board,
the individual participants will be responsible for supplying all
of the required information for each session at the time of
request for certification or recertification or conversion. The
Training Committee shall review requests once monthly.
Submission of approval requests should be postmarked 45 days
prior to opening day of the event.
(b) Any applicant for CEU approval shall submit:
(1) Title of course, date, location, individual or organiza-
tion sponsor, whether it will be held only once or
recurring.
(2) Presenterts) who shall attach a resume outlining
expertise in the subject area and content of the
session.
(3) Brief but thorough description of contents of track,
course, etc, and the type of credit hours being
requested, to include substance abuse specific or
general skill building.
(4) Agenda, to include the breakdown of time including
a 15 minute break for every two hours of education
and amount of time allowed for meals.
(5) A pplication for training approval shall include a copy
of the objective evaluation tool to be used.
(6) A summary of evaluation that shall be submitted to
the Board within 45 days following the program
date(s).
(T) TTie Board reserves the right to randomly review
programs by sending a Board member or designee to
monitor the event or a portion of the event. When
fulfilling this quality assurance role, the designated
person shall present a letter of introduction to the
presenter.
(c) Certification hours may be awarded only for actual hours
attended.
(d) Certificates are not to be released until the event ends or
they shall be modified to reflect the actual hours com-
pleted.
(e) Providers of Board approved events are required to
document attendance at individual events for schools,
courses, curriculums and conferences.
(JQ Event sponsors shall maintain attendance and evaluation
records for no less than three years.
(g) Training approved by ICRC member boards shall be
accepted with appropriate documentation of completion.
(h) Employer Insetvice events shall meet the same require-
ments as above. Inservice includes any event provided
in the applicant's organization by a person under the
same employment as the applicant (military employment
is considered within the same department). (However,
if 20% of the participants are non-employees of the
sponsoring and presenting agency, the standard fee
schedule shall be in effect.) Education received within
the organization by outside trainers is not considered
inservice.
(T) Credit shall not be given for the following:
(I) Banquet speakers imless the content meets the
above requirements:
(ii) Case presentation:
(iii) Presenters attendance at their own presenta-
tions: or
(iv) Registration time,
(i) The Board may revise or rescind credit hours if informa-
tion is received documenting that a previously approved event
was not presented as it was approved.
Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.39;
90-113.40.
SECTION .0400 - EDUCATION
.0401 EDUCATION APPROVAL POLICY
(a) The Certification Board shall approve educational events
for professional certification or certification renewal. One
certified hour is defined as one contact hour of participation in
an organized education experience under sponsorship approved
in accordance with these rules.
(b) The Certification Board shall review and approve all
education used to meet the certification requirements.
(c) Approval may be requested by an individual applicant or
by a sponsor or presenter. If the sponsor does not obtain credit
from the Certification Board, the individual participants shall be
responsible for supplying all of the required information for
each session at the time of request for certification, recertifica-
tion. or conversion. The Standards and Credentials Committee
will review requests once monthly.
(d) To insure a determination of a request prior to the date
of presentation, sponsors, presenters, or individuals shall submit
requests 45 days prior to opening day of the event.
Authoruy G.S. 90-113.30; 90-113.37; 90-113.40.
.0402 GEIS[ERAL GUIDELINES
(a) The guidelines set forth in this section shall apply to each
approval request for obtaining credit for didactic and academic
hours for course, curricula, and training events held January 1 .
1987 or thereafter.
(b) The following information and standards shall be
required:
(1) Title of course, date, location, sponsor (individual or
organization), and whether it shall be held only once
or periodically;
(2) The name of the presenter(s) and a resume outlining
his or her expertise in the subject area and content of
the session:
(3) A sufficient description of the contents of a track,
course, or other unit of academic pursuit and the type
of credit hours being requested to indicate if it is
4
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PROPOSED RULES
substance abuse sf>ecific or general skill building:
(4) An agenda reflecting the breakdown of time includ-
ing a 15 minute break for every two hours of educa-
tion and amount of time allowed for meals;
(5) Each application for training approval shall include a
copy of the objective evaluation tool to be used;
(6) The summary of evaluations shall be submitted to the
Board within 45 days following the program date(s);
(c) The Certification Board shall have the right to randomly
review programs by sending a Certification Board member or
designee to monitor the event or a portion of the event. When
ftjfilling this quality assurance role, the designated person shall
present a letter of introduction to the presenter.
(d) Certification hours shall be awarded only for actual
hours attended.
(e) Certificates shall not be released until the event ends and
they shall be modified to reflect actual hours completed.
(f) Providers of NCSAPCB approved events shall be
required to document attendance at individual events for
schools, courses, curricula and conferences.
(g) Event sponsors shall maintain attendance and evaluation
records for no less than three years.
(\\) Training approved International Certification and
Reciprocity Consortium (ICRC) member boards shall be
accepted with documentation of completion.
Authority G.S. 90-113.30; 90-113.37; 90-113.40.
.0403 EMPLOYER INSERVICE EVENT
(a) An employer inservice event may be counted as an
educational event for the purpose of professional certification if
it meets the same requirements as other training events.
(b) This includes any event provided in the applicant's
organization by a person under the same employment as the
applicant.
(c) Military employment shall be considered within the same
training category.
(d") If 20 percent of the participants are non-employees of the
sponsoring or piresenting agency, the standard fee schedule shall
be in effect.
(e) Education received within the organization by outside
trainers shall not be considered inservice.
Authority G.S. 90-113.30; 90-113.37; 90-113.40.
.0405 SPONSOR GUIDELINES
(a) Sponsors or presenters shall submit requests for approval
prior to the event and shall allow the Certification Board 45
days for review and approval. Requests by sponsors or
presenters postmarked after the event has taken place shall not
be reviewed or approved by the Certification Board, but shall
be returned. EXxumentation of the event attendance shall then
be submitted by each individual at the time request is made for
certification or recertification or conversion.
(b) All approvals from the Certification Board shall be in
writing and shall include the event approval number.
(c) Sponsors shall be responsible for providing a certificate
of attendance which includes the approval number and number
of approved education hours.
(d) Any event given on a recurring basis, as in the example
of college courses, may be given approval on a yearly basis.
Renewal of credit approval shall be based on submission of a
letter by the sponsor or presenter documenting no change in
course content. Any changes in content or method shall be
submitted for review and approval in order to maintain prior
a pprroval. When changes have been made in content, method
or agenda, the fee shall be the same as for a new event.
(e) Fees for review and approval of events:
(1) For 1-10 hours of instruction the Certification Board
shall impose a fee of twenty-five dollars ($25.00):
(2) For 1 1-20 hours of instruction the Certification Board
shall impose a fee of fifty dollars ($50.00V,
(3) For 21-30 hours of instruction the Certification Board
shall impose a fee of seventy-five dollars ($75.00):
(4) For 31^40 hours of instruction the Certification Board
shall impose a fee of one hundred dollars ($100.00);
(5) For 41-50 hours of instruction the Certification Board
shall impose a fee of one hundred twenty-five dollars
($125.00);
(6) For 51-100 hours of instruction the Certificaiton
Board shall impose a fee of one hundred fifty dollars
($150.00).
(f) There shall be a renewal fee of fifteen dollars ($15.00)
per calendar year for a previously approved event when there
have been no changes in the event.
Authority G.S. 90-113.30; 90-113.37; 90-113.40.
Authority G.S 90-113.30; 90-113.37; 90-113.38; 90-113.40.
.0404 CREDIT DENIAL OR LIMITATION
(a) Credit shall not be given for the following:
(1) Presentations given by banquet speakers unless the
content meets the requirements described in this
Section;
(2) One's own case presentation required for certifica-
tion; or
(3) Registration time.
(b) The Board shall revise or rescind credit hours if informa-
tion is received documenting that a previously approved event
was not presented as it was approved.
.0406 PROCEDURES FOR APPROVAL OF
SELF-STUDY COURSES
(a) Self-study courses may be submitted for approval for
recertification hours only and shall be submitted by the vendor.
(b) A copy of all documents including test and documenta-
tion of completion shall be submitted with the application.
(c) At the end of the year for which the course is approved,
a list of ail North Carolina applicants enrolling for the training
with completion outcome shall be submitted to the Certification
Board.
(d) No more than 15 hours for recertification may be
completed through self-study programs.
10:22
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February 15, 1996
2856
PROPOSED RULES
(e) Self-study courses may not be repeated for credit.
(f) A fee of one hundred fifty dollars ($150.00) shall be
submitted for each course. Approval is for one year from the
date the Certification Board approves the application. A fee of
twenty five dollars ($25.00) shall be submitted for renewal.
Authority G.S. 90-113.30; 90-113.37; 90-113.38; 90-113.40.
.0407 APPLICANT GUIDELINES
(a) After January 1. 1985. to gain credit for an applicant's
education for certification, recertification or conversion, the
applicant shall provide the event approval number and prop>er
documentation of attendance which includes:
(1) Certificate of attendance;
(2) Training cards or sheets signed by a sponsor or
presenter; or
(3) A letter documenting attendance by a fellow partici-
pant who then can document his or her own atten-
dance.
(b) Documents not acceptable to establish that an applicant
has received continuing education are as follows:
(1) Canceled checks;
(2) Receipts;
(3) Letters from supervisors who were non-participants
in the course; or
(4) Program schedules.
(c) If the sponsor failed to obtain approval for an event, the
applicant shall be responsible for supplying the required
information for each session as stated in Rule .0402 of this
Section.
(d) To gain credit for didactic or academic hours of continu-
ing education events held prior to January 1. 1985. the follow-
ing standards apply:
(1) The Certification Board shall accept education
previously approved by the former N.C. Alcoholism
Certification Board and N.C. Drug Abuse Profes-
sional Certification Board.
(2) Events held between January 1, 1980 and December
31. 1984 shall include all of the informafion required
pursuant to Rule .0402 of this Section, except the
resume of the presenter.
(3) Events held prior to January 1. 1980 may be ap-
proved if a description of the material, method,
number of hours and presenter's name is provided by
the applicant.
(e) It is the responsibility of the individual applicant to put
together a package of hours in accordance with criteria con-
tained herein. Sixty hours of education shall be completed
within the two years immediately prior to request for certifica-
tion or recertification or conversion. There shall be no time
frame on the remaining required hours for certificafion, to
include conversion.
(f) Inservice events shall be identified as such.
(g) If a page of material is received finm the applicant which
does not comply with the above requirements, it shall be
returned to the applicant.
(i) Request for approval shall be mailed to the Board.
Authority G.S. 90-113.30; 90-113.33; 90-113.37; 90-113.40.
SECTION .0700 - APPEALS PROCESS
.0701 HEARING BEFORE BOARD; TIME
REQUIREMENT
(a) Upon denial or revocation of certification, the applicant
may request a hearing before the Certification Board which will
serve as the appeals hearing body.
(b) Requests for an a[7peals hearing shall be made in writing
to the chairperson of the Board within 60 days upon receipt of
the notification that certification has been denied or revoked.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0702 RIGHT TO HEARING
(a) When the Board proposes to deny, suspend or revoke a
certificate of certification, or at any other time when it deems
a hearing appropriate, it shall give notice to the person(s)
affected of the right to an administrative hearing.
(h) The nofice shall be mailed by certified mail to such
person at his or her last known address.
(c) The person affected may assert his or her right to a
hearing by mailing to the Board a request for an Administrafive
Hearing pursuant to Rule ■0703(c) of this Section, except that
attempts at informal resolution are not required and a hearing
shall be granted to an applicant whose request is postmarked
prior to the date on which the Board is scheduled to act or such
other date as may be sf>ecified in the notice.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0703 REQUEST FOR HEARING
(a) Any applicant for certification or certified individual who
believes his or her rights, duties or pnivileges have been affected
by the Board's administrative action but who has not received
notice of a right to an administrative hearing, may file a formal
request for a hearing to determine certification or recertificarion.
(b) Before an individual may file a request, he or she shall
first exhaust all reasonable efforts to resolve the issue informally
with the Board.
(c) The chairperson of the Ethics Committee or his or her
designee may meet with the person accused of an ethical
violation, if the accused so chooses, prior to requesting addi-
tional information from the individual making the accusafion.
(d) Subsequent to such informal action, if srill dissatisfied,
the person affected shall submit a written request to the Board
in an envelope bearing the notation "REQUEST FOR ADMIN-
ISTRATIVE HEARING." That request shall contain the
following information:
(1) Name and address of the petitioner;
(2) Concise statement of the action taken by the Board
which is challenged:
(3) Concise statement of the way in which the petitioner
has been aggrieved; and
(4) A clear and specific statement of request for a
hearing.
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PROPOSED RULES
(e) A request for a hearing shall be acknowledged promptly
and, if deemed appropriate, a hearing shall be scheduled.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0704 HEARING REQUESTS
(a) The Board shall decide whether to grant a request for a
hearing at its next regularly scheduled meeting following receipt
of the request.
fb) A denial of a request for a hearing shall be issued
prompdy following a decision by the Board. Such denial shall
contain a statement supporting Board denial of the request.
(c) Approval of a request for a hearing shall be signified by
the issuing of a notice pursuant to Rule .0705 of this Section.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0705 NOTICE OF HEARING
Notices of administratiye hearings of the Board shall include
the following:
(1) The name, position, address and telephone number of
a member, employee, or agent of the Board to
contact for further information or discussion:
A statement that failure to inform the office of the
Board, within 10 days after notice is received of
intent to appear at any hearing or prehearing confer-
ence scheduled in the hearing notice will be deemed
a waiver of the right to a hearing:
Notice of the date and place of a prehearing confer-
ence, if any:
Notice of the date of the hearing: and
Any other information deemed relevant to informing
the party or parties as to the procedure of the hear-
ing.
Oi
(3}
(4)
(5}
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0706 WHO SHALL HEAR CONTESTED CASES
All administrative hearings shall be heard by the Board. The
chairperson or designee shall be responsible for the conduct of
the hearing.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0707 PETITION FX)R INTERVENTION
(a) Any person seeking to intervene in a contested case shall
file a written petition with the Board. The envelope of such
request shall bear the notation "PETITION TO INTERVENE
IN THE CASE OF (NAME OF CASE)."
(b) The petition shall include the following information:
(1) Name and address of f>etitioner:
(2) Business or occupation of t)etitioner. where relevant;
(3) Full identificaiton of the hearing in which petitioner
is seeking to intervene:
(4) Statutory or non-statutory grounds for intervention or
if none, so state:
(5) Any claim or defense, in respect of which interven-
tion is sought: and
(6) Summary of the arguments or evidence petitioner
seeks to present.
(c) The Board shall mail copies of the petition to the parties
to the case, with the costs, at the rate of twenty-five cents (0.25)
per page, chargeable to the petitioner.
(d) Upon the determination of the Board to allow interven-
tion, notice of that decision shall be issued promptly to aU
parties as to the petitioner. In cases of discretionary interven-
tion, such notification shall include a statement of any limita-
tions of time, subject matter, evidence or whatever else is
deemed necessary, which are imposed on the intervenor.
(e) Upon the Board's decision to deny intervention, the
petitioner shall be notified promptly. Such notice shall be in
writing, shall state all reasons for the decision and shall be
issued to the petitioner and to all parties.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0708 TYPES OF INTERVENTION
(a) Intervention of Right. A petition to intervene of right, as
provided in the North Carolina Rules of Civil Procedure. Rule
24. shall be granted if the petitioner meets the criteria of that
rule and his or her petition is timely. If allowing the petition
shall cause substantial prejudice to the right of the parties,
substantial added expense or compellingly serious inconvenience
to the parties or the office of the Board, the petition to intervene
shall be deemed untimely.
(b) Permissive intervention. A p>etition to intervene permis-
sively as provided in the North Carolina Rules of Civil Proce-
dure. Rule 24. shall be granted if the petitioner meets the
criteria of that rule and the Board determines that:
(1) There is sufficient legal or factual similarity between
the petitioner's claimed rights, privileges or duties
and those of the parties to the hearing: and
(2) Permitting intervention by the petitioner as a party
will aid the purp>ose of the hearing.
(c) The Board may allow discretionary intervention, with
whatever limits and restrictions it deems appropriate. Upon the
filing of a timely petition, discretionary intervention will be
deemed advisable if:
(1) The information the petitioner desires to present is
relevant and not repetitious or cumulative: and
(2) The petitioner will lend added impact to the argument
of the parties.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
.0709 DISQUALIFICATION OF BOARD MEMBER
(a) Self-disqualification of Board Member. If for any reason
the Board member determines that the personal bias or other
factors render him or her unable to conduct or participate in the
hearing and perform all duties in an impartial manner, he or she
shall submit, in writing, to the Board his or her disqualification
and the reasons.
(b) Petition for Disqualification. If for any reason any party
in a contested case believes that the Board member personally
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2858
PROPOSED RULES
is biased or otherwise unable to conduct or participate in the
hearing and perform all duties in an impartial manner, the party
may file a sworn, notarized affidavit with the Board. The
envelope of such affidavit shall bear the notarion: "APHDA-
VIT OF DISOUALJnCATION OF BOARD MEMBER IN
THE CASE OF (NAME OF CASE)."
(c) Contents of Affidavit. The affidavit must state all facts
the party deems relevant to the disqualification of the Board
member.
(d) Timeliness of Affidavit. An affidavit of disqualification
shall be considered timely if filed at least 10 days before
commencement of the hearing. Any other affidavit shall be
considered rimely provided if it is filed at the first opportunity
after the party becomes aware of the facts which give rise to a
reasonable belief that the Board member may be disqualified
pursuant to this Rule.
(e) Procedure for Determining Disquaiificadon is as follows:
(1) The chairperson of the Boani may appoint a member
of the Board to investigate the allegations of the
affidavit and report his or her findings and recom-
mendarions to the Board.
(2) The Board, with the advice of such assistants as it
deems appropriate, shall decide whether to disqualify
the challenged individual.
(3) The person whose disqualification is to be determined
will not participate in the decision but will have the
right to furnish information to the Board.
(4) A record of proceedings and the reasons for deci-
sions reached shall be maintained as part of the
contested case.
(f) Disquaiificadon or withdrawal of a Board member
because of personal bias or otherwise will not cause the hearing
to be postponed unless a quorum is not available.
Authority G.S. 90-113.30; 90-113.39; 90-113.40.
2859
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February 15, 1996
10:22
TEMPORARY RULES
The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to G.S.
150B-21. 1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making proceedings for a
jsermanent rule that does not differ substantially from the published temporary rule.
TITLE 21 - OCCUPATIONAL LICENSING BOARDS
CHAPTER 1 - NORTH CAROLINA ACUPUNCTURE LICENSING BOARD
Rule-maldng Agency: North Carolina Acupuncture Licensing Board
Rule Citation: 27 A'C4C 7 .0507
Effective Date: January 26, 1996
Findings Reviewed by the Codifier of Rules: Approved
Statutory Authority for the rule-making: G.S. 90-454
Reason for Proposed Action: To amend current rule to reflect change in Continuing Education.
Comment Procedures: All comments must be received at the Board by April 15, 1996. All comments must be mailed to NCALB,
1418 Aversboro Road, Gamer, NC 27529.
SECTION .0300 - CONTINUING EDUCATION
.0301 STANDARDS FOR CONTINUING EDUCATION
(a) Applicants for license renewal shall obtain 40 contact hours of continuing education units (CEU) every two years. One CEU
is defined as one contact hour or 50 minutes.
(i9 30 hours of th e CEU's must b e tok e n in ooun) e g whioh hav e cont e nt relating to Aoupunotur e or Ori e ntal M e dicin e . A
continuing education unit or portiona th e reof which are d e vot e d to administrativ e or busin e ss managem e nt aopoota of
Acupuncture pmotioo shall not bo approved for Continuing Education Unita.
(3) 10 hours may bo undertaken in any health sor > ico related area. Those 10 hours aro at the discrotion of the pmctitionor.
(1) A minimum of 25 contact hours of education must be taken in courses which have content relating to the scope of
"practice of Acupuncture" as defined by the G.S. 90-451(3).
(2) A maximum of 15 contact hours of education may be undertaken in any health service related area.
(3) Continuing Education course program or activities or portions thereof which are devoted to administrative or business
management aspects of Acupuncture practice shall not be approved for Continuing Education Units.
(b) CEU hours ar e not r e troactiv e nor cumulativ e . — iMl cr e dit hours must b e e arn e d within th e bi e nnium for whioh they ar e
claimed.
(c) Excopt for tho 10 hours in Subparagraph (a)(2) of this Rulo, all CEU programs must bo approved by tho Board as follows!
(4^ Applications for CEU program approval shall be oubmittod to th e Board offic e at l e ast 45 days prior to th e dat e of
prooontation.
(3) Each CEU program application shall contain:
(A) — a detailed program outline or s^'llabus;
(B) — a curr e nt ourrioulum vita e of e ach sp e ak e r or l e cturer;
^€) — th e proc e dure to bo us e d for recording attondano e ; and
(B) — a foo as ostablishod in Rulo .0103 of this Chapter.
P) Tho Executive Soorotary of tho Board shall notify' tho provider of tho Board's decision on oach application.
(4^ Uf>on approval of a CEU. th e Board s hall a ss ign an id e ntification number to that program.
(d) If a CEU is not approv e d by th e Board, th e r e asons for tho r e j e ction shall be stat e d by tho Exooutivo Secretary' in a letter to
tho provider.
fe) — Tho provider mny idontif^' an approved program as "approved by tho North Carolina Acupuncture Licensing Board for
purpoooo of Continuing Education Units" in any advertis e m e nt,
(f) One continuing education unit is d e fin e d as one contact hour or 50 minut e s.
(b) Guidelines for acceptable programs are as follows:
10:22 NORTH CAROLINA REGISTER February 15, 1996 2860
TEMPORARY RULES
(1) A complete record of attendance must be maintained on file by the sponsor of the course, program or activity and these
records shall be made available to the Board upon request.
(2) All instructors must be competent to teach their designated courses by virtue of their education, training, and experience.
(c) If a licensee has questions regarding approval of a particular course, program, or activity for continuing education credits.
it is the responsibility of that licensee to write the Board for pre-approval. Such a request must be made in writing at least 60 days
prior to the event and the Board shall be furnished with materials describing the course, program, or activity and the sponsor or
provider of the event.
(d) Continuing Education credits fiom ail given course, program, or activity may only be used to satisfy the requirements of one
biennium.
(e) Each acupuncturist at the time of license renewal shall sign a statement under penalty of penury that he/she has or has not
comphed with the continuing education requirements.
(D Each acupuncturist shall retain for a minimum of four years records of all continuing education programs attended, indicating
the title of the course or program, the sponsoring organization or individual, the accrediting organization (if any), and the course
hours in actual attendance.
(g) The Board may choose to audit the records of any acupuncturist who has reported and sworn compliance with the continuing
education requirement. No acupuncturist shall be subject to audit more than once every two years. Those acupuncturists selected
for audit shall be required to document their compliance with the continuing education requirements of this article on a form provided
by die Board.
(h) Failure to comply with the continuing education requirements shall prohibit license renewal and result in ^ license reverting
to inactive status at die end of the renewal period.
(i) Upon request, a licensee may be placed on inactive status. The licensee must submit the request in writing to die Board and
certify that he or she will not practice acupuncture in the State of North Carolina during the inactive period.
0} Continuing education is not required to maintain Ucensure in inactive status.
(k) When an inactive licensee has requested in writing to the Board to return to active status and has renewed his or her license
if it has lapsed: the licensee is responsible for the completion of 40 contact hours of education.
Q} It shall constitute unprofessional conduct for an acupuncturist to misrepresent completion of required continuing education units:
in die event of misrepresentation, disciplinary proceedings may be initiated by the Board.
(m) A licensee of Acupuncture may apply to the Board for an extension of time to complete the portion of his/her continuing
education requirements that he/she is unable to meet due to such causes as prolonged illness, family emergency, etc. The Board
may, at its discretion, grant such an extension for a maximum of one licensing period. This request shall be received by the Board
no later than 30 days prior to the hcense renewal date and contain the following and be signed under the penalties of periurv:
(1) An explanation of the licensee's failure to complete his/her continuing ediication requirements.
(2) A hst of continuing education courses and hours that the licensee has completed.
(3) The licensee's plan for satisfying his/her continuing education requirements.
History Note: Authority G.S. 90-454;
Eff. July 1, 1995;
Temporary Amendment Eff. January 26, 1996.
2861
NORTH CAROLINA REGISTER
February 15, 1996
10:22
LIST OF RULES CODIFIED
T
J. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. I
K^:
Citation
= Title, Chapter, Subchapter and Rule(s)
AD
— Adopt
AM
= Amend
RP
= Repeal
With Chgs
= Final text differs from proposed text
Corr
= Typographical errors or changes that requires no rulemaking
Eff. Date
= Date rule becomes effective
Temp.
= Rule was filed as a temporary rule
NORTH CAROLINA ADMEVISTRATIVE CODE
DECEMBER 95
ITLE
DEPARTMENT
TITLE
DEPARTMENT
10
Human Resources
21
Occupational Licensing Boards
13
Labor
17 - Dietetics/Nutrition
15A
Environment, Health,
32 - Medical Examiners
and Natural Resources
34 - Morturary Science
17
Revenue
36 - Nursing
18
Secretary of State
54 - Practicing Psychologists
19A
Transportation
63 - Social Work
21
Occupational Licensing Boards
23
Community Colleges
2 - Acupuncture
25
Personnel
14 - Cosmetic Art Examiners
27
State Bar
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
10 NCAC 3C .4506
/
.6225
/
3H .0221
/
.2111
/
10 NCAC 3H .3032
Recodified to
10 NCAC 3H .3033
01/10/96
.3032
/
3L .0901
/
/
02/01/96
.1004
/
/
02/01/96
. 1102 - . 1 103
/
/
02/01/96
.1105 - .1106
/
/
02/01/96
.1108 - .1110
/
/
02/01/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2862
LIST OF RULES CODIFIED
Citation
AD
AM
RP
With
Chgs
Con-
Temp
Effective
Date
10 NCAC 3L .1202
/
/
02/01/%
3R .3001
/
/
01/01/96
.3010
/
/
01/01/96
.3020
/
/
01/01/96
.3030
/
/
01/01/96
.3032
/
/
01/01/96
.3040
/
/
01/01/%
.3050
/
/
01/01/%
3U .0102
/
/
01/01/%
.2701 - .2704
/
/
01/01/%
18D .0209
/
/
01/01/%
18F .0115 -.0117
/
01/01/%
19G .0501 - .0502
/
/
01/01/%
.0603
/
01/01/%
.0606
/
01/01/%
.0607
/
/
01/01/%
.0608 - .0610
/
01/01/%
.0611
/
/
01/01/%
.0612
/
01/01/%
.0803
/
01/01/%
.0806
/
01/01/%
.0817
/
01/01/%
.0823
/
01/01/%
26H .0212 - .0213
/
/
01/01/%
261 .0101
/
41F .0706
/
/
01/01/%
.0707
/
/
01/01/%
.0812
/
/
01/01/%
.0813
/
/
01/01/%
42A .0701 - .0703
/
/
01/01/%
42B .1209
/
/
01/01/%
.1210 - .1211
/
/
01/01/%
2863
NORTH CAROLINA REGISTER
February 15, 1996
10:22
LIST OF RULES CODIFIED
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
10 NCAC
42B
.2402 - .2405
/
/
01/01/96
42C
.2010
/
/
01/01/96
.2011 -.2012
/
/
01/01/%
.3701 - .3704
/
/
01/01/96
42D
.1409
/
/
01/01/96
.1410- .1411
/
/
01/01/96
.1827- .1830
/
/
01/01/%
42V
.0201
/
/
12/12/95
.0802 - .0803
/
/
12/12/95
SOB
.0313
/
01/01/%
13 NCAC
18
.0101
/
/
01/01/96
.0102- .0110
/
01/01/%
15A NCAC
23
.0211
/
.0214 - .0215
/
01/01/%
.0218
/
.0224
/
.0225
/
01/01/96
.0227 - .0228
/
01/01/96
2L
.0106
/
/
01/02/%
2P
.0402
/
/
01/02/96
31
.0019
/
/
02/01/%
3M
.0503
/
78
.0101
/
/
02/01/96
.0201
/
/
02/01/96
15A NCAC
Recodified to
15A NCAC
7B
7B
.0202
,0206
01/01/96
.0202
/
01/01/96
15A NCAC
Recodified to
15A NCAC
7B
7B
.0203
.0212
01/01/96
.0203
/
/
01/01/96
15A NCAC
Recodified to
15A NCAC
7B
7B
.0204
.0213
01/01/%
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2864
LIST OF RULES CODIHED
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
15A NCAC 7B .0204
/
/
02/01/%
.0205
/
01/01/%
15A NCAC 7B .0206
Recodified to
15A NCAC 7B .0214
01/01/%
.0206
/
/
02/01/%
15A NCAC 7B .0207
Recodified to
15A NCAC 7B .0215
01/01/%
.0207
/
02/01/%
.0208 - .0209
/
01/01/%
15A NCAC 7B .0210
Recodified to
15A NCAC 7B .0216
01/01/%
.0210- .0213
/
/
02/01/%
.0214
/
01/01/%
.0215
/
/
02/01/%
.0216
/
01/01/%
.0401 - .0402
/
/
02/01/%
.0403 - .0405
/
/
01/01/%
.0406
/
01/01/%
.0501
/
02/01/%
.0502
/
/
01/01/%
.0503 - .0504
/
01/01/%
.0505
/
/
01/01/%
15A NCAC 7B .0506
Recodified to
15A NCAC 7B .0507
01/01/%
.0506
/
01/01/%
.0507
/
01/01/%
lOH .0701
/
01/01/%
.0703 - ,0708
/
01/01/%
13A .0006
/
01/01/%
.0019
/
/
01/01/%
16A .1001
/
/
01/01/%
15A NCAC 16A .1002
/
/
01/01/%
2865
NORTH CAROLINA REGISTER
February 15, 1996
10:22
LIST OF RULES CODIFIED
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
.1003
/
01/01/96
.1004- .1005
/
/
01/01/96
18A .1801 -.1805
/
/
01/01/96
.1806- .1807
/
01/01/96
.1808- .1814
/
/
01/01/%
.1818
/
/
01/01/%
.2537
/
.2601 - .2602
/
/
01/01/%
.2618
/
01/01/%
.2624
/
01/01/%
.2632
/
01/01/%
.2635
/
/
01/01/%
.2636
/
01/01/%
20D .0233
/
/
01/01/%
.0234
/
01/01/%
.0236
/
01/01/%
.0241 - .0243
/
01/01/%
.0247
/
01/01/%
.0248 - .0251
/
/
01/01/%
.0252
/
01/01/%
21F .1101
/
/
01/01/%
.1102
/
01/01/%
.1103
/
/
01/01/96
.1105
/
/
01/01/96
24A .0102
/
01/01/96
.0202
/
/
01/01/96
.0203
/
01/01/%
.0301
/
/
01/01/96
17 NCAC IC .0504
/
/
12/20/95
.0506
/
/
12/20/95
18 NCAC 9 .0101 - .0109
/
/
01/01/96
19A NCAC 2D .0415
/
01/01/%
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2866
LIST OF RULES CODIFIED
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
19A NCAC 3D .0803 - .0827
Transferred and Recodified to
19A NCAC 3E .0501 - .0525
01/03/96
21 NCAC 2 .0206
/
21 NCAC 14J .0502
/
01/01/96
14L .0301 - .0302
/
01/01/%
14N .0106
/
01/01/96
.0107 - .0108
/
01/01/%
.0112
/
01/01/%
17 .0112
/
01/01/%
.0116
/
01/01/%
21 NCAC 32M .0004(b)(l)(2)
Recodified to
21 NCAC 32M .0003fb)(l)
01/01/%
21 NCAC 32M .0005
Recodified to
21 NCAC 32M .0004
01/01/%
21 NCAC 32M .0006
Recodified to
21 NCAC 32M .0008
01/01/%
21 NCAC 32M .0007
Recodified to
21 NCAC 32M .0011
01/01/%
21 NCAC 32M .0008
Recodified to
21 NCAC 32M .0010
01/01/%
21 NCAC 32M .0010
Recodified to
21 NCAC 32M .0013
01/01/%
21 NCAC 32M .0011
Recodifed to
21 NCAC 32M .0012
01/01/%
21 NCAC 32M .0012
Recodified to
21 NCAC 32M .0014
01/01/%
21 NCAC 32M .0002
/
/
01/01/%
.0003
/
/
01/01/%
.0004
/
/
01/01/%
.0005
/
/
01/01/%
21 NCAC 32M .0006
/
/
01/01/%
2867
NORTH CAROLINA REGISTER
February 15, 1996
10:22
LIST OF RULES CODIFIED
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
.0007
/
/
01/01/96
.0008
/
/
01/01/%
.0009
/
/
01/01/96
.0010
/
01/01/96
.0011
/
/
01/01/%
.0012
/
/
01/01/%
.0013
/
01/01/%
.0014
/
01/01/%
34D .0202
/
/
01/01/%
.0303
/
/
01/01/%
36 .0109
/
/
01/01/%
.0202 - .0203
/
/
01/01/%
.0209
/
/
01/01/%
.0211
/
/
01/01/%
.0216 - .0219
/
/
01/01/%
.0221
/
/
01/01/%
.0225
/
/
01/01/%
.0227
/
/
01/01/%
.0318
/
/
01/01/96
.0320
/
/
01/01/%
.0322
/
01/01/%
.0405
/
54 .1701
/
/
01/01/96
.1707
/
/
01/01/%
.2704
/
/
01/01/%
.2705
/
01/01/96
.2706
/
/
01/01/%
63 .0306
/
/
01/01/96
23 NCAC 2C .0210
/
01/01/%
.0301
/
/
01/01/%
2E .0403
/
01/01/%
25 NCAC IL .0104
/
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2868
LIST OF RULES CODIHED
Citation
AD
AM
RP
With
Chgs
Corr
Temp
Effective
Date
27 NCAC lA .0203
•
12/07/95
ID .0903
/
12/07/95
t
#
€
2869
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
1 his Section contains a listing cfthe rules to be reviewed by the Rules Review Commission (RRC) at the next meeting date as
noted, and rules that RRC has objected to in accordance with G.S. 150B-21.9(a). State agencies are required to respond to RRC
objections as provided in G.S. 150B-21. 12(a).
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate
Marvea D. Francis
Teresa L. Smallwood
Charles H. Henry
Philip O. Redwine - Vice Chairman
Appointed by House
Vemice B. Howard
Jennie J. Hayman - Chairman
Bill Graham
Ed Shelton
LOG OF FILINGS
MEETING DATE: FEBRUARY 15, 1996
RULES SUBMITTED: DECEMBER 20, 1995 THROUGH JANUARY 20, 1996
AGENCY/DIVISION
RULE NAME
DHR/DIVISION OF FACILITY SERVICES
Definitions
Capacity
Scope of Services
Projected Utilization
Site
Staffing
Information Required
Performance Standards
Staffing
DEPARTMENT OF INSURANCE
General Information
NC Notice of Cancellation
Appointment of N.C. Agent
Termination
Corporate Surplus Lines
Application
ResponsibUity of Applicant
General Requirements
Prelicensing Education
FVogram Directors
Courses
Instructors
Use of Master Trust
Administration
Group Assessments
Custodial And Fiscal Agency
Ten-Day Notice
Filing and Payment
DEHNR/MARINE FISHERIES COMMISSION
Leaving Devices Unattended
Disposal of Evidence
RULE
ACTION
10 NCAC 3R .2002
Amend
10 NCAC 3R .2004
Repeal
10 NCAC 3R .2005
Repeal
10 NCAC 3R .2006
Repeal
10 NCAC 3R .2007
Repeal
10 NCAC 3R .2008
Repeal
10 NCAC 3R .2012
Adopt
10 NCAC 3R .2013
Adopt
10 NCAC 3R .2014
Adopt
11 NCAC 6A .0201
Amend
11 NCAC6A .0217
Amend
1 1 NCAC 6A .0225
Amend
11 NCAC6A .0226
Amend
1 1 NCAC 6A .0235
Amend
1 1 NCAC 6A .0236
Amend
1 1 NCAC 6A .0304
Amend
11 NCAC 6 A .0701
Amend
11 NCAC 6 A .0702
Amend
1 1 NCAC 6A .0703
Amend
1 1 NCAC 6A .0704
Amend
1 1 NCAC 6A .0705
Amend
11 NCAC IIB .0141
Amend
11 NCAC 1 IB .0602
Amend
11 NCAC 1 IB .0617
Adopt
11 NCAC lie .0112
Amend
11 NCAC 13 .0317
Amend
11 NCAC 14 .0705
Amend
15A NCAC 31 .0005
Amend
15A NCAC 31 .0018
Adopt
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2870
RULES REVIEW COMMISSION
Gill Nets
15A NCAC 3J .0103
Amend
Pound Nets
15A NCAC 3J .0107
Amend
Atlantic Oce^n
15A NCAC 3J .0202
Amend
Crab, Eel, Fish and Shrimp Pots
15 A NCAC 3J .0301
Amend
Fishing Gear Restrictions
15A NCAC 3J .0402
Adopt
Permits for Planting
15A NCAC 3K .0104
Amend
Non-Commercial Harvest
15A NCAC 3K .0105
Amend
Open Season
15A NCAC 3K .0201
Amend
Size limit
15A NCAC 3K .0202
Amend
American Lobster
15A NCAC 3L .0301
Amend
Spiny Lobster
15A NCAC 3L .0302
Amend
Season, Size and Harvest T jmit
15A NCAC 3M .0202
Amend
Season, Size and Harvest Limit
15A NCAC 3M .0204
Amend
Han'est limit
15A NCAC 3M .0301
Amend
Red Drum
15A NCAC 3M .0501
Amend
Flounder
15A NCAC 3M .0503
Amend
Trout
15A NCAC 3M .0504
Amend
Snapper/Grouper
15A NCAC 3M .0506
Amend
Recreational Fishing Restrictions
15A NCAC 3M .0507
Amend
Bluefish
15A NCAC 3M .0511
Amend
Comphance with Fishery
15A NCAC 3M .0512
Adopt
Primary Nursery Areas
15A NCAC 3R .0003
Amend
Permanent Secondary Nursery Areas
15A NCAC 3R .0004
Amend
Special Secondary Nursery Areas
15A NCAC 3R .0005
Amend
Designated Pot Areas
15A NCAC 3R .0007
Amend
I
DEHNR/WTLDLEFE RESOURCES COMMISSION
Shining Lights in Deer Areas
15ANCAC lOB .0115
Amend
SECRETARY OF STAIE
Administration
18 NCAC 4
.0102
Amend
Tender of Fees
18 NCAC 4
.0201
Amend
Invoices
18 NCAC 4
.0203
Amend
Overpayment
18 NCAC 4
.0205
Amend
Documents not Specifically Provided
18 NCAC 4
.0206
Amend
Execution
18 NCAC 4
.0302
Amend
Rejection
18 NCAC 4
.0303
Amend
Identification
18 NCAC 4
.0304
Amend
Corrective Filings
18 NCAC 4
.0305
Amend
Incorporation by Reference
18 NCAC 4
.0306
Amend
Application
18 NCAC 4
.0307
Amend
Registered Office
18 NCAC 4
.0308
Amend
Articles of Merger
18 NCAC 4
.0311
Amend
Application for Certificate
18 NCAC 4
.0312
Repeal
Filing Merger
18 NCAC 4
.0313
Repeal
Filing Evidence
18 NCAC 4
.0314
Repeal
Form for Annual Report
18 NCAC 4
.0316
Amend
Authorization
18 NCAC 4
.0317
Adopt
Authorization
18 NCAC 4
.0318
Adopt
Documents
18 NCAC 4
.0401
Amend
Documents
18 NCAC 4
.0402
Amend
General
18 NCAC 4
.0501
Amend
Words Prohibited
18 NCAC 4
.0502
Amend
Deceptively Similar Names
18 NCAC 4
.0503
Amend
Filing Fictitious Name
18 NCAC 4
.0504
Amend
Location and Hours
18 NCAC 5
.0101
Amend
Forms
18 NCAC 5
.0203
Amend
2871
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
Fees
18 NCAC 5 .0204
Amend
Continuations
18 NCAC 5 .0205
Amend
Termination
18 NCAC 5 .0206
Amend
Filing by Mail
18 NCAC 5 .0207
Amend
Over the Counter Filings
18 NCAC 5 .0208
Amend
Refunds
18 NCAC 5 .0209
Amend
Over the Counter Searches
18 NCAC 5 .0304
Repeal
Fees
18 NCAC 5 .0305
Amend
Telephone Request
18 NCAC 5 .0404
Repeal
AppUcation
18 NCAC 6 .1402
Amend
Purpose
18 NCAC 6. 1601
Amend
Procedure for Application
18 NCAC 6 .1602
Amend
Obtaining Certificates
18 NCAC 6 .1604
Amend
Reporting Requirement
18 NCAC 6. 1605
Repeal
Forms
18 NCAC 6 .1607
Amend
Instructors
18 NCAC 7 .0302
Amend
NC BOARD OF DIETETICS/NUTRITION
1
Definitions
21 NCAC 17 .0101
Amend
Requirement for License
21 NCAC 17 .0102
Amend
Applications
21 NCAC 17 .0104
Amend
Provisional License
21 NCAC 17 .0107
Amend
Fees
21 NCAC 17.0113
Amend
Code of Ethics
21 NCAC 17 .0114
Amend
Definitions
21 NCAC 17 .0301
Adopt
Requirements
21 NCAC 17 .0302
Adopt
Supervision
21 NCAC 17 .0303
Adopt
Records and Reports
21 NCAC 17 .0304
Adopt
Individuals Aiding Practice
21 NCAC 17 .0401
Adopt
Individuals Providing Nutrition
21 NCAC 17 .0402
Adopt
NC MARRIAGE AND FAMTT Y THERAPY LICENSURE BOARD
Address
21 NCAC 31 .0102
Amend
Fees
21 NCAC 31 .0104
Amend
Credentials
21 NCAC 31 .0201
Amend
Review Procedure
21 NCAC 31 .0202
Amend
Issuance of License
21 NCAC 31 .0203
Amend
Written Exam
21 NCAC 31 .0301
Amend
Reporting of Scores
21 NCAC 31 .0302
Amend
First Reexam
21 NCAC 31 .0303
Amend
Subsequent Reexam
21 NCAC 31 .0304
Adopt
Licensure Renewal Form
21 NCAC 31 .0401
Amend
Second Notice
21 NCAC 31 .0402
Repeal
Reinstatement
21 NCAC 31 .0403
Adopt
Return
21 NCAC 31 .0404
Adopt
Appropriate Course
21 NCAC 31 .0501
Amend
Approved Supervision
21 NCAC 31 .0502
Amend
Equivalency
21 NCAC 31 .0503
Amend
Alternative to Clinical Practicum
21 NCAC 31 .0504
Amend
Non-Degree
21 NCAC 31 .0505
Amend
Supervised Clinical Practicum
21 NCAC 31 .0506
Adopt
Responsibility
21 NCAC 31 .0601
Repeal
Competence
21 NCAC 31 .0602
Repeal
Integrity
21 NCAC 31 .0603
Repeal
Confidentiahty
21 NCAC 31 .0604
Repeal
Professional Responsibility
21 NCAC 31 .0605
Repeal
Professional Development
21 NCAC 31 .0606
Repeal
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2872
RULES REVIEW COMMISSION
Research Responsibility
21 NCAC 31 .0607
Repeal
Social Responsibility
21 NCAC 31 .0608
Repeal
Ethical Principles
21 NCAC 31 .0609
Adopt
Requirements
21 NCAC 31 .0701
Adopt
Marriage and Family Therapy
21 NCAC 31 .0801
Adopt
Reciprocal License
21 NCAC 31 .0901
Adopt
NC ^TATE BOARD OF EXAMINERS OF FEE-BASED PRACTICING PASTORAL COUNSELORS
Address
21 NCAC 45 .0101
Adopt
Information Required
21 NCAC 45 .0201
Adopt
Review Procedure
21 NCAC 45 .0202
Adopt
Issuance of Certificate
21 NCAC 45 .0203
Adopt
Types
21 NCAC 45 .0301
Adopt
Reporting of Scores
21 NCAC 45 .0302
Adopt
Re-Examination
21 NCAC 45 .0303
Adopt
Certification Renewal Form
21 NCAC 45 .0401
Adopt
Second Notice
21 NCAC 45 .0402
Adopt
Continuing Education
21 NCAC 45 .0501
Adopt
Equivalency
21 NCAC 45 .0601
Adopt
Issuance of Temporaiy Cert.
21 NCAC 45 .0701
Adopt
Types of Supervision
21 NCAC 45 .0802
Adopt
Requirements
21 NCAC 45 .0901
Adopt
Code of Ethics
21 NCAC 45 .1001
Adopt
NC REAL ESTAIE COMMISSION
Equivalent Credit
21 NCAC 58 A .1708
Amend
Continuing Education
21 NCAC58A .1711
Amend
Application
21 NCAC 58E .0303
Amend
STA IE PERSONNEL COMMISSION
Content and Procedure
25 NCAC IB .0201
Amend
Additional Information
25 NCAC IB .0203
Amend
Presentations
25 NCAC IB .0204
Amend
Oral Presentations
25 NCAC IB .0205
Amend
Acknowledgement
25 NCAC IB .0206
Amend
Written Submissions
25 NCAC IB .0207
Amend
Requests
25 NCAC IB .0213
Amend
Situations
25 NCAC IB .0414
Amend
Causes for Reinstatement
25 NCAC IB .0431
Amend
Appeal
25 NCAC IB .0437
Amend
Establishement
25 NCAC IB .0438
Adopt
Contmuances
25 NCAC IB .0439
Adopt
Personnel Changes
25 NCAC IC .0412
Amend
Appointment Ended
25 NCAC ID .0520
Adopt
Policy
25 NCAC ID .2301
Repeal
Eligibility
25 NCAC ID .2302
Repeal
Eligibility
25 NCAC ID .2303
Repeal
Administration
25 NCAC ID .2304
Repeal
Documentation
25 NCAC ID .2305
Repeal
RULES REVIEW OBJECTIONS
ADMINISTRATION
Purchase and Contract
2873
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
1 NCAC 5A .0002 - Scope
Agency Revised Rule
1 NCAC 5A .0012 - Definitions
Agency Revised Rule
1 NCAC 5B .0201 - Types of Specifications
Agency Revised Rule
1 NCAC 5B .0207 - Copies of Specifications
Agency Revised Rule
1 NCAC 5B . 0307 - Error/Clarification
Agency Revised Rule
I NCAC 58 .0314 - Request for Proposals
Agency Revised Rule
1 NCAC 5B .0401 - General Delegation
Agency Revised Rule
1 NCAC 5B . 0402 - Review by Board of Award and Secretary of Administration
Agency Revised Rule
1 NCAC 5B .0502 - Reasons for Public Record
Agency Revised Rule
1 NCAC 5B .0701 - Policy
Agency Revised Rule
1 NCAC 5B .0802 - Procedure
Agency Revised Rule
1 NCAC 5B .0902 - Selection
Agency Revised Rule
1 NCAC 5B .0904 - Samples
Agency Revised Rule
1 NCAC 5B .0905 - Specifications
Agency Revised Rule
1 NCAC 5B . 1301 - Procedures
Agency Revised Rule
1 NCAC 5B . 1302 - Dollar Limitations
Agency Repealed Rule
1 NCAC 5B . 1402 - Documentation
Agency Revised Rule
1 NCAC 5B . 1505 - Funds from Different Sources
Agency Revised Rule
1 NCAC 5B . 1506 - Conditional Grants: Etc: in Public Purchasing
Agency Revised Rule
1 NCAC 5B . 1509 - Purchasing from or Through Agency Employees
Agency Revised Rule
1 NCAC 5B . 1513 - Cooperative Purchasing
Agency Revised Rule
1 NCAC 5B . 1516 - Advertising
Agency Revised Rule
1 NCAC 5B .1518 - Board of Award
Agency Revised Rule
1 NCAC 5B .1601 - Exemptions
Agency Re\'ised Rule
1 NCAC 5B . 1602 - Emergencies
Agency Revised Rule
1 NCAC 5B . 1603 - Special Delegations
Agency Revised Rule
1 NCAC 5B .1701 - Authorization
Agency Repealed Rule
1 NCAC 5B .1702- No Competitive Bidding
Agency Repealed Rule
1 NCAC 5B . 1804 - Personal Property Inventory Plan
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2874
RULES REVIEW COMMISSION
Agency Revised Rule
1 NCAC 5B . 1903 - Files
Agency Revised Ride
I NCAC 5 C .0201 - Transfer or Sale
Agency Revised Rule
1 NCAC 5 C .0204 - Order ofPrioriry in Disposition
Agency Revised Rule
1 NCAC 5 C .0303 - Notification: Sale of Surplus Property
Agency Repealed Rule
I NCAC5C .0304 - Notification: Award of Surplus Property
Agency Repealed Rule
1 NCAC 5C . 0508 - Agreement and Acknowledgement of Transfer
Agency Repealed Rule
1 NCAC 5D .0203 - Requests for Authority to Contract with Consultants
Agency Re\ised Rule
1 NCAC 5D .0205 - Competitive Proposals
Agency Revised Rule
1 NCAC 5D .0206 - Negotiated Consultant Contracts
Rule Withdra\\'n by Agency
1 NCAC 5D .0208 - Format
Rule Withdrawn by Agency
1 NCAC 5D .0210 - Consultant Contracts Contrary to this Section
Agency Repealed Rule
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
Obj. Removed
01/18/96
01/18/96
01/18/96
01/18/96
COMMUNITY COLLEGES
Community Colleges
23 NCAC 2C .0301 - Admission to Colleges
Agency Revised Rule
RRC Objection
Obj. Removed
12/21/95
12/21/95
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Adult Health
15A NCAC 16A . 1002 - Covered Medications
Agency Revised Rule
ISA NCAC 16A . 1005 - Application Process
Agency Revised Rule
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
12/21/95
Obj. Removed
12/21/95
Coastal Management
15 A NCAC 7B .0101 - Purpose
Agency Revised Rule
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15 A NCAC 7B .0201 - Contents of the Land Use Plan
Agency Revised Rule
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15 A NCAC 7B .0204 - Goals and Objectives
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15A NCAC 7B .0206 - Data Collection and Analysis
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15A NCAC 7B .0207 - Present Conditions
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
RRC Objection
RRC Objection
12/21/95
12/21/95
01/16/96
Eff. 02/01/96
12/21/95
12/21/95
01/16/96
Eff. 02/01/96
12/21/95
01/16/96
Eff. 02/01/96
12/21/95
01/16/96
Eff. 02/01/96
12/21/95
2875
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15A NCAC 7B .0210 - Constraints
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
15A NCAC 7B .0211 - Estimated Demands
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7B .0212 - Policy Statements
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7B .0213 - Land Classification
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7B .02 IS - Public Participation
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7B .0401 - Land Use Plan Amendment
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7B .0402 - Public Hearing Required
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7B .OSOl - Update Required
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
ISA NCAC 7H .0208 - Use Standards
Agency Revised Rule
ISA NCAC 7H .220S - Specific Conditions
Agency Revised Rule
ISA NCAC 7K .0103 - Maintenance and Repair
Environmental Health
75.4 NCAC ISA . 1809 - Lavatories and Baths
Agency Revised Rule
ISA NCAC 18A .1811 - Drinking Water Facilities
Agency Revised Rule
ISA NCAC 18A .1814 - Disposal of Garbage and Trash: Premises
Agency Revised Rule
ISA NCAC 18A . 1818 - Food Service
Agency Revised Rule
HUMAN RESOURCES
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
m-
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
12/21/9S
01/16/96
02/01/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
12/21/9S
I2/2I/9S
12/21/9S
12/21/9S
12/21/9S
12/21/9S
12/21/9S
12/21/9S
Services for the Blind
10 NCAC 19C Rules
Rules Withdrawn by Agency
10 NCAC 19G .OSOl - Benefits
Agency Revised Rule
10 NCAC 19G .0S02 - Economic Needs Policies
Agency Revised Rule
Day Care Rules
10 NCAC 46D .0106 - Allocation
01/18/96
RRC Objection
12/21/9S
Obj. Removed
12/21/9S
RRC Objection
12/21/9S
Obj. Removed
12/21/9S
RRC Objection
01/18/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2876
RULES REVIEW COMMISSION
10 NCAC 46D .0107 - Reimbursement
10 NCAC 46D .0202 - Review Criteria for Start-Up Funds
10 NCAC 46E .0108 - Purchase of Care Requirements
10 NCAC 46H .0104 - Eligibility Criteria
Agency Revised Rule
10 NCAC 46H .0105 - Support to Emplaymeru: Training for Employment
Employment Programs
10 NCAC 39D .0304 - Alternative Work Experience
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
Objection Contd
01/18/96
RRC Objection
01/18/96
Extended Review
01/18/96
Facility Services
10 NCAC 3C .3001 - Definitions
No Response from Agency
Agency Revised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .3108 - Suspension of Admissions
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3205 - Discharge of Minor or Incompetent
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights
No Response from Agency
Agency Revised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .3502 - Bylaws
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3602 - Responsibilities
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3603 - Personnel Policies and Practices
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3607 - Personnel Health Requirements
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3608 - Insurance
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3704 - Status
No Response from Agency
Agency Revised Rule
10 NCAC 3C .3902 - Manager
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .3904 - Patient Access
No Response from Agency
Agency Revised Rule
10 NCAC 3C .4003 - Policies and Procedures
No Response from Agency
Agency Revised Rule
10 NCAC 3C .4102 - Classification of Optional Emergency Services
No Response from Agency
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Cont'd
10/18/95
Eff. 01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Cont'd
10/18/95
Eff. 01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff. 01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
2877
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
\
Rule Returned to Agency
Agency Filed Ride for Codification Over RRC Objection
10 NCAC 3C .4104 - Medical Director
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4203 - Nursing Staff
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4303 - Nursing Services Maternal Services
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4307 - Nursing Stqf of Neonatal Services
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4401 - Organization
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4502 - Pharmacist
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C . 4508 - Space
RRC Rescinded its July Approval
Rule Withdrawn by Agency
10 NCAC 3C .4512 - Medications Dispensed
No Response from Agency
Agency Revised Rule
10 NCAC 3C .4702 - Organization
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4703 - Sanitation and Safety
No Response from Agency
Agency Revised Rule
10 NCAC 3C .4704 - Distribution of Food
No Response from Agency
Agency Revised Rule
10 NCAC 3C .4705 - Nutritional Support
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .4801 - Organization
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C . 4905 - Tissue Removal and Disposal
No Response from Agency
Agency Revised Rule
10 NCAC 3C .5002 - Delivery of Care
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
Eff-
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ Cont'd
RRC Objection
ObJ Cont'd
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ. Cont'd
ObJ. Removed
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ. Cont'd
ObJ. Removed
RRC Objection
ObJ. Cont'd
ObJ. Removed
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ. Cont'd
RRC Objection
ObJ. Cont'd
ObJ. Removed
RRC Objection
ObJ. Cont'd
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
10/18/95
10/18/95
07/13/95
09/21/95
10/18/95
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
07/13/95
09/21/95
10/18/95
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
07/13/95
09/21/95
10/18/95
01/01/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2878
RULES REVIEW COMMISSION
10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules
No Response from Agency
Agency^ Re\'ised Rule
10 NCAC 3C .5202 - Definitions Applicable /Psychiatric/Substance Abuse Svcs.
No Response from Agency
Agency Re\'ised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3C .5205 - Seclusion
No Response from Agency
Agency Revised Rule
10 NCAC 3C .5302 - Definitions
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5309 - Nursing /Health Care Administration and Supervision
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5315 - Dental Care
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5318 - Activities and Recreation
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5319 - Social Services
No Response from Agency
Rule Wahdrawn by Agency
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements
No Response from Agency
Rule Wahdrawn by Agency
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5325 - Ventilator Dependence
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5401 - Definitions
10 NCAC 3C .5402 - Physician Req for Inpatient Rehabilitanon Facilities or Units
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit
Agency Re\-ised Rule
10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5407 - Comprehensive Rehabilitation Personnel Administration
10 NCAC 3C .5408 - Comprehensive Inpatient Rehabilitation Program Staffing Req.
10 NCAC 3C .5409 - Staff Training for Inpatieru Rehabilitation Facilities or Unit
10 NCAC 3C .5412 - Additional Requirements for Traumatic Brain Injury Patients
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Cont'd
10/18/95
Eff. 01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
2879
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
10 NCAC 3C .5413 - Additional Requirements for Spinal Cord Injury Patients
10 NCAC 3C .5501 - Definitions
No Response fi-om Agency
Rule Withdrawn by Agency
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration
No Response from Agency
Rule Withdrawn by Agency
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req.
No Response from Agency
Ride Wtihdrawn by Agency
10 NCAC 3C .5512 - Additional Req. for Trau/natic Brain Injury Patients
No Response from Agency
Ride Withdrawn by Agency
10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients
No Response from Agency
Ride Withdrawn by Agency
10 NCAC 3C .6102 - List of Referenced Codes and Standards
No Response from Agency
Agency Revised Rule
10 NCAC 3C .6208 - Obstetrical Department Requirements
No Response from Agency
Agency Revised Rule
10 NCAC 3H . 2001 - Definitions
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2201 - Administrator
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2202 - Admissions
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H . 2203 - Patients Not to be Admitted
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H . 2206 - Medical Director
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2209 - Infection Control
No Response from Agency
Agency Revised Rule
10 NCAC 3H .2212 - Quality Assurance Committee
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2301 - Patient Assessment and Care Planning
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2302 - Nursing Services
RRC Objection
01/18/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2880
RULES REVIEW COMMISSION
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2401 - Maintenance of Medical Records
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2501 - Availability of Physician 's Services
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2601 - Availability of Pharmaceutical Services
No Response from Agency
Agency Rex'ised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2604 - Drug Procurement
No Response from Agency
Agency Revised Rule
10 NCAC 3H . 2605 - Drug Storage and Disposition
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2606 - Pharmaceutical Records
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2607 - Emergency Drugs
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services
No Response from Agency
Agency Revised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2801 - Activity Services
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .2802 - Social Services
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services
No Response from Agency
Rule Returned to Agency
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
Obj. Cont'd
RRC Objection
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
01/01/96
07/13/95
09/21/95
10/18/95
2881
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
)
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3003 - Ventilator Dependence
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3004 - Brain Injury Long-Term Care
No Response from Agency
Agency Revised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care
No Response from Agency
Agency Revised Rule
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3012 - Physician Services in an HIV Designated Una
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3015 - Use of Investigational Drugs for HIV Designated Units
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3016 - Additional Social Work Req. for HIV Designated Units
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req.
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients
No Response from Agency
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3H .3103 -Site
No Response from Agency
Agency Revised Rule
10 NCAC 3H .3201 - Required Spaces
No Response from Agency
Agency Rex'Lsed Rule
10 NCAC 3H .3401 - Heating and Air Conditioning
No Response from Agency
Agency Revised Rule
10 NCAC 3H .3404 - Other
No Response from Agency
Agency Revised Rule
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Cont'd
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Cont'd
10/18/95
Eff
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff
01/01/96
RRC Objection
07/13/95
Obj Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
10/18/95
Eff.
01/01/96
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
RRC Objection
07/13/95
Obj. Cont'd
09/21/95
Obj. Removed
10/18/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2882
RULES REVIEW COMMISSION
RRC has Objected on 07/13/95 to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H:
10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 -
.0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 -
.1508, .1510. .1601 - .1606, .1701 - .1717, .1801 - .1805, .2101
No Response from Agency
10 NCAC 3C . 1901 - . 1912, . 1915 - . 1932, .2001 - .2008, .2020 ■
No Response from Agency
Rules Returned to Agency
10 NCAC 3H . 0108 - .0109, . 0206 - . 0220,
.0712, .0810 -.0812, .0903 - .0911, .1003
. 1308, . 1405 - . 1406, . 1408 - . 1410, . 1501
No Response from Agency
.0307, .0401 - .0407, .0501 - .0505, .0601
.1102, .1201 - .1204, .1301 -.1303, .1401
■ .2105.
Obj. Cont'd
Obj. Removed
.2033 RRC Objection
Obj. Cont'd
.0604, .0701 -
.1405, .1501 -
0306 -.03 18, .0407-
.1008, .1105 - .1109,
.1503, .1612- .1613
10 NCAC 3L .0901 - Definitions
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L . 1004 - Evaluation
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L .1102 - Nursing Services and Duties
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L .1103 - Physical Therapy Sei^ices
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L . 1105 - Occupational Therapy Services
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L.1106- Medical Social Work Services
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L.1108- Infusion Nursing Services
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L . 1109 - Clinical Respiratory Svcs, Including Pulmonary, or Ventilation Svcs
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L . 1110 - Supvn/ Competency /In-Home Aides/Other In-Home Care Providers
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L . 1202 - Case Review and Plan of Care
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 3L . 1402 - Content of Record
Agency Re\ised Rule
10 NCAC 3T . 0202 - Application for and Issuance of a License
10 NCAC 3T .0601 - Acceptance of Patients for Hospice Services
Agency Revised Rule
10 NCAC 3T.0605 - Home Care
10 NCAC 3T .0801 - Pharmaceutical and Medical Treatment Orders
Agency Rex'ised Rule
10 NCAC 3T.0901 - Content of Medical Record
Medical Assistance
09/21/95
10/18/95
07/13/95
09/21/95
10/18/95
.0409, .0505 - .0507, .0510 - .0517, .0605 - .0609, .0705 -
. 1130 - . 1136, . 1150 - . 1163, . 1204 - . 1208, . 1210, . 1306 -
.1703 - .1704, .1804- .1807.
Obj. Cont'd
Obj. Removed
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Cont'd
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Obj. Removed
RRC Objection
RRC Objection
Objection Cont'd
RRC Objection
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
Eff.
09/21/95
10/18/95
11/16/95
12/21/95
02/01/%
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
12/21/95
02/01/96
11/16/95
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
10 NCAC 261 .0101 - Purpose and Scope
RRC Objection
10/18/95
2883
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 261 .0102 - Requests for Formal and Informal Appeals
Rule Returned to Agency
10 NCAC 261 .0103 - Tune Limits on Requests for Recipient/Applicant Informal Appeals
Rule Returned to Agency
Agency Filed Rule for Codification Over RRC Objection
10 NCAC 261 .0106 - Payment Pending Appeals
Rule Returned to Agency
10 NCAC 261 .0107 - Dismissal of Appeal
Agency Revised Rule
10 NCAC SOD .0101 - Notice of Estate Recovery
10 NCAC SOD .0102 - Permanently Institutionalized
10 NCAC SOD . 0103 - Age SS and Over
10 NCAC SOD .0201 - Reconsideration Review
10 NCAC SOD .0301 - Permanently Institutionalized
10 NCAC SOD .0302 - Age SS and Over
10 NCAC SOD .0401 - Filing Claim Against Estate
10 NCAC SOD .0402 - Collection of Claims
10 NCAC SOD .OSOl - Recovery Not Cost Effective
10 NCAC SOD .0S02 - Undue Hardship
10 NCAC SOD .0S03 - Determination of Undue Hardship
Obj. Cont'd
11116195
Eff.
12/11/95
RRC Objection
10/18/9S
Obj. Cont'd
11/16/95
RRC Objection
10/18/95
Obj. Cont'd
11/16/95
Eff.
12/11/95
RRC Objection
10/18/95
Obj. Cont'd
11/16/95
RRC Objection
10/18/95
Obj. Removed
10/18/95
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Ebaended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Mental Health: General
10 NCAC 14C . 1010 - Contract Requirements for Area Programs
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1013 - Recovery of Division Funds in Non-compliance Situations
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1015 - Fund Balance: Computation for Area Programs
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1133 - Funding Alcohol and Drug Education Traffic Schools
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1134 - Funds for Multidisciplinary Evaluations: Guardianship
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C.1136 - Funds for Assaultive Children
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C .1137- Funding Drug Education Schools
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C .1148- Thomas S. Community Services
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1150 - Governor's Substance Abuse Prevention Program
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC MC .1152- Clozapine
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1153 - Communicable Disease Risk/Svcs to Intravenous (Iv) Drug Users
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1154 - Treatment Alternatives for Women
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C .1155 - Unit Cost Reimbursement (Ucr) Child and Adult
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C .1158- Traumatic Brain Injury
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C . 1159 - Revolving Loan
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10 NCAC 14C .1160- Domiciliary Care
RRC Objection
01/18/96
Agency Revised Rule
Obj. Removed
01/18/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2884
RULES REVIEW COMMISSION
10 NCAC 14D .0006
Agency Revised
10 NCAC MV .0103
Agency Revised
10 NCAC 14V .0208 ■
Agency Revised
10 NCAC 14V .0301 ■
Agency Revised
10 NCAC 14V .0303 ■
Agency Revised
10 NCAC MV .0402 ■
Agency Revised
10 NCAC 14V .0403 ■
Agency Revised
10 NCAC 14V .0404 ■
Agency Re\'ised
10 NCAC MV .0502 ■
Agency Revised
10 NCAC MV .0504 -
Agency Revised
10 NCAC 14V .0505 ■
Agency Re\'ised
10 NCAC 14V .0603 ■
Agency Revised
10 NCAC MV .0604 -
Agency Revised
10 NCAC 14V .0605 -
Agency Revised
10 NCAC MV .0707 -
10 NCAC MV .0709 -
10 NCAC MV .0802 ■
Agency Revised
10 NCAC 14V .0803 -
Agency Revised
10 NCAC 14V .0804 -
Agency Revised
10 NCAC MV .0805 ■
Agency Revised
10 NCAC MV . 1403 -
Agency Revised
10 NCAC MV .2304 -
Agency Rex'ised
10 NCAC i4V .2306 -
Agency Revised
10 NCAC MV .2403 -
Agency Revised
10 NCAC MV .2404 -
Agency Revised
10 NCAC 14V .3402 -
Agency Rex'ised
10 NCAC MV .3603 -
Agency Revised
10 NCAC 14V .3702 -
Agency Re\'ised
10 NCAC MV .3803 -
Agency Revised
10 NCAC MV .3902
- Use of Division Funds for Inpatient Services
Rule
- General Definitions
Rule
Research Rex'ieyx^^ Board
Rule
Compliance with Building Codes
Rule
Location and Exterior Requirements
Rule
License Issuance
Rule
Deemed Status
Rule
■ Operations During Licensed Period
Rule
- Area Program/hospital Agreement
Rule
- Client Rights Committee
Rule
■ Notification Procedures for Provision of Services
Rule
■ Accreditation of the Area Program
Rule
- Denial or Revocation of Accreditation
Rule
- Interim Accreditation for New Services
Rule
■ Special Requests
- Establishtnent of an Area Authority Appeals Panel
■ Definitions
Rule
■ General Requirements for Infants and Toddlers
Rule
■ Surrogate Parents
Rule
■ Procedural Requirements
Rule
■ Operations
Rule
■ Operations
Rule
■ Client Eligibility and Admissions
Rule
■ Operations
Rule
■ Physical Plant
Rule
■Staff
Rule
■Staff
Rule
■Staff
Rule
Operations
Rule
Staff
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
2885
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
Agency Revised
10 NCAC 14V .3903 ■
10 NCAC 14V .4102 ■
Agency Revised
10 NCAC 14V .5302 ■
Agency Revised
10 NCAC 14V .5503 ■
Agency Revised
10 NCAC 14V .5702 ■
Agency Revised
10 NCAC 14V .5801 -
Agency Revised
10 NCAC 14V .5803 -
Agency Revised
10 NCAC 14V .6002 -
Agency Revised
Ride
■ Operations
■Staff-
Rule
■Staff
Rule
- Operations
Rule
■Staff
Rule
■ Scope
Rule
■ Operations
Rule
■Staff
Rule
Vocational Rehabilitation Services
10 NCAC 20B Rules
Rules Withdrawn by Agency
INSURANCE
Obj. Removed
01/18/96
RRC Objection
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
01/18/96
Admission Requirements
11 NCAC 14 .0705 - Filing and Payment of Premium Taxes
Rule Withdrawn by Agency
Agent Services Division
11 NCAC 6A .0201 - General Information
Rule Withdrawn by Agency
11 NCAC 6A .0217- North Carolina Notice of Cancellation
Rule Withdrawn by Agency
11 NCAC 6A .0225 - Appointment of North Carolina Agent
Rule Withdrawn by Agency
11 NCAC 6A .0226 - Termination of North Carolina Agent Appointment
Rule Withdrawn by Agency
11 NCAC 6A .0235 - Corporate Surplus Lines Application
Rule Withdrawn by Agency
11 NCAC 6A .0236 - Application for Corporate /partnership Insurance License
Rule Withdrawn by Agency
11 NCAC 6A .0304 - Responsibility of Applicant at Examination Site
Rule Withdrawn by Agency
11 NCAC 6A .0501 - Renewal/Agent Appts: Licenses/Limited Reps: Company Adjusters
Agency Revised Rule
11 NCAC 6A .0701 - General Requirements
Rule Withdrawn by Agency
11 NCAC 6A .0702 - Prelicensing Education Schools
Rule Withdrawn by Agency
11 NCAC 6A .0703 - Program Directors
Rule Withdrawn by Agency
11 NCAC 6A .0704 - Courses
Rule Withdrawn by Agency
11 NCAC 6A .0705 - Instructors
Rule Withdrawn by Agency
01/18/96
RRC Objection
Obj. Removed
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2886
RULES REVIEW COMMISSION
Financial Evaluation Division
77 NCAC 1 IB .0141 - Use of Master Trust Increase Deposit Existing Companies
Rule Withdrawn by Agency
11 NCAC IIB .0602 - Administration - All Self-insurers
Rule Withdrawn by Agency
11 NCAC IIB .0617 - Group Assessments, Disclosure, Deviations, and Dividends
Rule Wuhdrawn by Agency
11 NCAC lie .0112 - Model Custodial Agreement
Rule Withdrawn by Agency
Life and Healtii Division
77 NCAC 12 .0824 - Required Disclosure Provisions
Agency Revised Rule
11 NCAC 12 .0839 - Medicare Select Policies and Certificates
Agency Revised Rule
11 NCAC 12 .1707 - Solicitation
Agency Revised Rule
01/18/96
01/18/96
01/18/96
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
01/18/96
Obj. Removed
01/18/96
Special Services Division
77 NCAC 13 .0317- Ten-Day Notice
Ride Wuhdrawn by Agency
JUSTICE
Private Protective Services
12 NCAC 7D .0204 - Determination of Experience
Agency Revised Rule
LICENSING BOARDS AND COMMISSIONS
Board of Certified Public Accountant Examiners
21 NCAC 8F .0103 - Filing of Examination Applications and Fees
Agency Revised Rule
21 NCAC 8G .0404 - Requirements for Cpe CredU
Agency Revised Rule
Board of Dietetics/Nutrition
21 NCAC 17 .0201 - Definitions
Agency Responded
Board of Examiners of Electrical Contractors
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Cont'd
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
12/21/95
01/18/96
21 NCAC 18B .0902 - Preferring Charges
Agency Revised Rule
Hearing Aid Dealers and Fitters Board
21 NCAC 22F .0020 - Continuing Education
21 NCAC 221 .0008 - Calibration Check for Audiometers
21 NCAC 221 .0009 - Approval of Calibraters
RRC Objection
Obj. Removed
Extended Review
Extended Review
Extended Review
01/18/96
01/18/96
01/18/96
01/18/96
01/18/96
2887
NORTH CAROLINA REGISTER
February 15, 1996
10:22
RULES REVIEW COMMISSION
21 NCAC 22L .0001 - Conunittee on Invesngations
21 NCAC 22L .0005 - Notice of Hearing
21 NCAC 22L . 0006 - Who Shall Hear Contested Cases
21 NCAC 22L .0009 - Informal Procedures
21 NCAC 22L .0010 - Disqualification of Board Members
21 NCAC 22L .0011 - Failure to Appear
21 NCAC 22L .0013 - Subpoenas
21 NCAC 22L . 0014 - Final Decision
21 NCAC 22L .0015 - Proposals for Decisions and Final Decision
Licensing Board of Landscape Architects
21 NCAC 26 .0307 - Continuing Education as a Condition of Annual Renewal
Board of Medical Examiners
21 NCAC 32N .0002 - Continuances
Agency Responded - Agency Will Not Revise Rule
Rule Returned to Agency for Failure to Comply With Administrative Procedures Act
Board of Nursing
21 NCAC 36 .0109 - Selection and Qualifications of Nurse Members
Agency Revised Rule
21 NCAC 36 .0211 - Examination
Agency Revised Rule
21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License
Agency Revised Rule
21 NCAC 36 .0218 - Licensure Without Examination (By Endorsement)
Agency Revised Rule
21 NCAC 36 .0225 - Components of Nursing Practice for the Licensed Practical Nurse
Agency Revised Rule
21 NCAC 36 .0227 - Approval and Practice Parameters for Nurse Practitioners
Agency Revised Rule
21 NCAC 36 .0403 - Qualifications
Agency Revised Rule
21 NCAC 36 .0404 - Registration
Agency Revised Rule
21 NCAC 36 .0405 - Approval of Nurse Aide Education Programs
Agency Revised Rule
Board of Opticians
21 NCAC 40 .0314 - Apprenticeship and Internship Requirements: Registration
Agency Revised Rule
Board of Physical Therapy Examiners
21 NCAC 48A .0001 - Name and Location
Agency Repealed Rule
21 NCAC 48D .0010 - Administration of Examination
Agency Revised Rule
Board of Practicing Psychologists
21 NCAC 54 .2704 - HSP-P Requirements On and After June 30, 1994
Agency Filed Rule for Codification Over RRC Objection
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
Extended Review
01/18/96
RRC Objection
01/18/96
RRC Objection
08/10/95
Obj. Contd
09/21/95
Obj. Contd
01/18/96
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
12/21/95
Obj. Removed
12/21/95
RRC Objection
11/16/95
Obj. Removed
11/16/95
RRC Objection
11/16/95
Obj. Removed
11/16/95
RRC Objection
11/16/95
Obj. Removed
11/16/95
RRC Objection
01/18/96
Obj. Removed
01/18/96
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Eff.
01/18/96
01/18/96
01/18/96
01/18/96
05/18/95
06/21/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2888
The Commission Removed Its Previous Objection
21 NCAC 54 .2705 - HSP-PP Requirements
Agency Filed Rule for Codification Over RRC Objection
The Commission Removed Its Previous Objection
21 NCAC 54 .2706- HSP-PA Requirements On and After June 30, 1994
Agency Filed Rule for Codification Over RRC Objection
The Commission Removed Its Previous Objection
Board of Professional Engineers and Land Surveyors
21 NCAC 56 . 1301 - Improper Practice by a Registrant
Therapeutic Recreation Certification Board
21 NCAC 65 Rules
Rules Returned to Agency for Failure to Comply with OAH Filing Requirements
Certification Board for Substance Abuse Professionals
21 NCAC 68 . 0504 - Legal Standards and Moral Standards
Agency Rex'Lsed Rule
21 NCAC 68 .0507 - Oient Welfare
Agency Revised Rule
REVENUE
Motor Fuels Tax Division
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
12/21/95
05/18/95
Eff. 06/21/95
12/21/95
05/18/95
Eff. 06/21/95
12/21/95
01/18/96
01/18/96
RRC
' Objection
01/18/96
Obj.
Removed
01/18/96
RRC
' Objection
01/18/96
Obj.
Removed
01/18/96
17 NCAC 9K .0201 - Exporter's License
Rule Withdrawn by Agency
TRANSPORTATION
Division of Motor Vehicles
01/18/96
19A NCAC 3D .0553 - Photometer Compliance
Agency Revised Rule
RRC Objection
Obj. Removed
01/18/96
01/18/96
2889
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
Ihis Section contains thefidl text of some of the more significant Administrative Law Judge decisions along with an index to
all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of the decisions
listed in the index and not published are available iqx)n request for a minimal charge by contacting the Office of Administrative
Hearings, (919) 733-2698.
AGENCY
CASE
NUMBER ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
ADIVONISTRATTON
Fred Jackson, d^/a Complete Cleaning Co. v. Dcpt. of Administration
Division of Purchase and Contract
Saiter-Sandere Tractor Corp. v. Admin.. Div of Purchase & Contract
CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration,
Div. of Purchase &. Contract, et al.
95 DOA 0797 Gray
94 DOA 0803 Nesnow
95 DOA 0194 Phipps
01/04/96
03/06/95
06/13/95
10:21 NCR 2783
State Construction Office
W. M. Piatt & Company v. State Construction Office, DOA
Holland Group, Inc. v. Dcpt. of Administration, St. Construction OfiGce
ALCOHOLIC BEVERAGE CONTROL COMMISSION
94 DOA 0738
94 DOA 1565
Nesnow
Nesnow
04/11/95
06/01/95
10:03 NCR
10:07 NCR
221
619
Ali Alsaras v. Alcoholic Beverage Control Commission
Norman D. Forbes v. Alcoholic Beverage Control Commission
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm.
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission
Robert Johnson v. Alcoholic Beverage Control Commission
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc.
John H. Robinson v. Alcohohc Beverage Control Commission
Clara and Carson Young v. Alcoholic Beverage Control Commission
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission
Bryan Lyim Whitaker, Susan Ansley Whitaker v. ABC Commission
Diamond Club. Inc. v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Weisner, Inc.
Robert Louis Reese v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm v. Thomas Henry Dodson
Ray E. Bailey v. Alcoholic Beverage Control Commission
Legwin Z. Williams v. Alcoholic Beverage Control Commission
Taleb Abed Rahman v. Alcoholic Beverage Control Commission
Shenill Douglas Langston v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Janice Mae Miles
Kflmal Falhi Abushawish v. Alcoholic Beverage Cx)ntrol Commission
Imran AH Hamecrah v. Alcoholic Beverage Control Commission
and
City of Raleigh
Ali Mohamed Ahmed v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr.
Mychal R. Hill v. Alcoholic Beverage Control Commission
Mac/Que Unlimited Inc. v. ABC Comm & City of Havelock-Local Govt.
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc.
Collie Hawkins v. Alcoholic Beverage Control Commission
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club
Alcoholic Beverage Control Commission v. Lebby Rhew Allen
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe
Mustafa Yacoub Salameh v. Alcoholic Beverage Control Commission
John Edsel Rhodes v. Alcoholic Beverage Control Commission
Sadiq Deeb Ali, Patricia Billings v. Alcoholic Beverage Control Comm.
Samih Alieh Hadi v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Entertainment Group Inc.
94 ABC 0526
Chess
05/16/95
94 ABC 0787
Gray
03/17/95
94 ABC 1046
Chess
08/17/95
94 ABC 1168
Becton
03/07/95
94 ABC 1661
West
05/01/95
94 ABC 1682
Chess
05/03/95
94 ABC 1694
Mann
03/29/95
94 ABC 1727
Morrison
05/18/95
94 ABC 1729
Chess
05/11/95
94 ABC 1754*'^
Mann
08/02/95
10:11 NCR 960
94 ABC 1784
Mann
04/19/95
94 ABC 1803
Mann
04/07/95
95 ABC 0068
West
06/07/95
95 ABC 0074
Chess
05/25/95
95 ABC 0095
Phipps
12/01/95
95 ABC 0210
Gray
05/01/95
95 ABC 0224
Nesnow
05/31/95
10:06 NCR 417
95 ABC 0323
Phipps
08/02/95
95 ABC 0415
Nesnow
08/01/95
10:10 NCR 868
95 ABC 0434
West
07/20/95
95 ABC 0453
Becton
01/16/96
95 ABC 0477
Phipps
07/14/95
95 ABC 0487
Gray
10/03/95
95 ABC 0518*'^
Mann
08/02/95
10:11 NCR 960
95 ABC 0617
Morrison
09/08/95
95 ABC 0640
Becton
01/16/96
95 ABC 0678
Gray
10/30/95
95 ABC 0696
Gray
10/06/95
95 ABC 0711
Phipps
09/14/95
95 ABC 0712
Gray
10/04/95
95 ABC 0713
Fhipps
09/14/95
95 ABC 0763
Gray
12/01/95
95 ABC 0792
Nesnow
10/25/95
95 ABC 0830
Becton
11/29/95
95 ABC 0867
Gray
12/14/95
95 ABC 0995
Phipps
01/31/96
10:22 NCR 2913
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2890
CONTESTED CASE DECISIONS
AGENCY
Alcoholic Beverage Control Commission v. Partnership, T/A The Turtle
Said Domi Amra v. Alcoholic Beverage Control Commission
Sticks ar>d Stones Billiards & Cafe v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. The Playground, Inc.
Alcohohc Beverage Control Comm. v. Judy Fields Salamonc
Alcoholic Beverage Control Comm. v. Ronald Shankle Hardman
Nathaniel Stubbe v. Alcoholic Beverage Control Commission
BOARD OF CHIROPRACTIC EXAMINERS
Robert J. Manna, D.C. v. Board of Chiropractic Examiners
CRIME CONTROL AND PUBLIC SAFETY
Patrick O. Hawkins v. Office of Administrative Hearings
CASE
DATE OF
NUMBER
ALJ
DECISION
95 ABC 1174
Phipps
01/29/96
95 ABC 1289
Gray
01/23/96
95 ABC 0888
Chess
12/14/95
95 ABC 0935
Phipps
12/19/95
95 ABC 0990
Morrison
12/29/05
95 ABC 1020
Reilly
12/19/95
95 ABC 1094
Gray
12/20/95
PUBLISHED DECISION
REGISTER CITATION
95 BOC 1105
95 CPS 0361
West
Phipps
10/20/95
08/01/95
i
Crime Victims Compensadon Commission
John Pavlikianidis v. Victims Compensation Commission
Fay, Cynthia. S. Dallon v. Crime Victims Compensation Commission
Pbyllis H. Stcinmetz v. Crime Victims Compensation Commission
Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm.
Wayne L. UUey v. Crime Victims Compensation Commission
Sandra H. Hughes v. Victims Compensation Commission
Krisline S. Ray v. Crime Victims Compensation Commission
Shiriey Moody Myers v. Crime Victims Compensation Commission
Thomasine Inman v. Crime Victims Compensation Commission
Irmgard Gordoe v. Crime Victims Compensation Commission
Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission
Ellen Shenvin v. Crime Vic Comp James By rum Emp/ Baptist Hosp
Anthony Harold Stone v. Crime Victims Compensation Commission
Howard B. Peterson v. Crime Victims Compensation Commission
Ella Ruth Jordan v. Gary B. Eichelbergcr Dir., Crime Vic. Comp. Comm.
Lynn H. Henderson v. CPS, Victims Compensation Commission
Larusha Bey v. Crime Victims Compensation Commission
Percible Gaston v. Crime Victims Compensation Commission
Horton Edward v. Crime Victims Compensation Commission
David Leo Rice v. CPS. Crime Victims Compensation Commission
Janet Ring Stevens v. Crime Victims Compensation Commission
Michael A. Herd v. Crime Victims Compensation Commission
Juan Aguilar v. Crime Victims Compensation Commission
Albert Lionell Meadows v. Crime Victims Compensation Commission
John Kuwalik v. Crime Victims Compensation Commission
Sandra Jones v. Crime Victims Compensation Commission
Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission
James T. Todd v. Crime Victims Compensation Commission
Mark Edward Altman v. CPS. Crime Victims Compensation Commission
Fred McMillan v. Victims Compensation Commission
Brandi Faith Blalock. Dorothy Smith BlaJock v. Crime Vic Comp Comm.
Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp
Diane B. Commander v. Crime Victims Compensation Commission
Danny Ray Bell v. Crime Victims Compensation Commission
Johnnie Mac Robinson v. Crime Victims Compensation Commission
Margie Lunsford v. Crime Victims Compensation Commission
Donald Ray Williams v. Crime Victims Compensation Commission
Sheila Hines. John Reid v. Crime Victims Compensation Commission
Jill M. LaSanta v. Crime Victims Compensation Commission
Melia Ann Adkins Stopa v. Crime Victims Compensation Commission
Mitlie K. Smith v. Crime Victims Compensation Commission
BOARD OF EX£CTROLYSlS EXAMINERS
94 CPS 0237
Morrison
03/21/95
10:02 NCR 176
94 CPS 0445**
West
05/30/95
94 CPS 0542
West
05/16/95
94 CPS 1177
Mann
06/12/95
94 CPS 1180
Becton
03/07/95
94 CPS 1600
Morrison
06/09/95
94 CPS 1673
Chess
04/20/95
94 CPS 1674
Chess
04/20/95
94 CPS 1731
Nesnow
03/09/95
94 CPS 1782
Gray
03/09/95
95 CPS OOIO*'
West
05/30/95
95 CPS 0012
West
03/22/95
95 CPS 0115
Chess
08/22/95
95 CPS 0163
Reilly
07/06/95
95 CPS 0181
West
06/21/95
95 CPS 0212
Morrison
05/08/95
95 CPS 0245
Reilly
06/02/95
95 CPS 0270
Gray
06/13/95
95 CPS 0331
Phipps
07/25/95
95 CPS 0335
Morrison
09/15/95
95 CPS 0337
Gray
07/21/95
95 CPS 0349
Chess
08/15/95
95 CPS 0356
Reilly
06/22/95
95 CPS 0373
Gray
09/27/95
95 CPS 0381
Becton
07/10/95
95 CPS 0427
Nesnow
06/02/95
95 CPS 0456
Phipps
09/29/95
95 CPS 0459
Nesnow
09/26/95
10:15 NCR 1624
95 CPS 0461
West
07/25/95
95 CPS 0481
Phipps
10/12/95
95 CPS 0540
Phipps
10/10/95
10:15 NCR 1628
95 CPS 0568
Phipps
08/09/95
95 CPS 0591
Nesnow
10/19/95
95 CPS 0737
Reilly
09/11/95
95 CPS 0770
Reilly
01/11/96
95 CPS 0779
Becton
09/19/95
95 CPS 0788
Nesnow
11/17/95
95 CPS 0950
Becton
01/25/96
95 CPS 1029
Reilly
10/25/95
95 CPS 1 185
Nesnow
12/05/95
95 CPS 1196
Becton
01/31/96
Diane Rawls v. Board of Electrolysis Examiners
Kimberly P. Coetner v. Board of Electrolysis Examiners
Anna G. Gahren v. Board of Electrolysis Examiners
ENV1RC»JMENT. HEALTH, AND NATURAL RESOURCES
95 BEE 0173
West
95 BEE 0893
West
95 BEE 0894
West
08/03/95
01/03/96
12/22/95
{
2891
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
James J. Collins, Admin, for James Joseph Collins, ME-91-1173,
Deceased v. Environment, Health, & Natural Resources
George Terrell v. Enviromnent, Health, and Natural Resources
Concrete Supply Company v. Environment, Health, & Natural Resources
Setzer Bros. Inc. v. Environment, Health, and Natural Resources
Environment, Health, & Natural Resources v. Royal James Cafe
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR
and
Shugart Enterprises, Inc.
Richaixl A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm.
Richaid A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm.
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc.
v. Dept. of Environment, Health, and Natural Resources,
and
Hoke County and Bladen County
Bruce Wike v. Environment, Health, & Natural Resources
Cathy Faye Barrow v. Environment, Health, and Natural Resources
Carteret County Heath Department
Elmer & Pandora Edwards v. Carteret County Health Department
Chatham County Department of heath
Persimmon Hill Homeowners Assoc v. EHNR, Chatham Cty Dept Health
Coastal Resources
William C. Young v. Coastal Resources Commission
and
Robert L. Casper, Jr. and Maiy M. Casper
Howard C. Slack v. Coastal Resources Comm, EHNR
Frank Dwayne Teeter v. EHNR, Division of Coastal Management
Davidson County Heath Department
John Dee Qodfelter v. Davidson County Health Dept.; EHNR
Environmental Heath
F.FF - 7.7.7. Lay Drain Compnay, Inc. v. On-Site Wastewater Section,
Division of Environmental Health
Jerry C. Owens v. District Health Department, EHNR
Kenith & Shirley L. Barrett v. Montgomery Cty Hlth Dept, Env. Health
CASE
DATE OF
PUBLISHED DECISION
NUMBER
AU
DECISION
REGISTER CITATION
92EHR0300
Nesnow
12/15/95
10:19 NCR
2539
93 EHR 1285
Gray
01/29/96
10:22 NCR
2909
94 EHR 0950
Gray
05/23/95
10:06 NCR
414
94 EHR 1676
Nesnow
03/09/95
94 EHR 1756
Becton
06/30/95
10:08 NCR
696
95 EHR 0016
Phipps
11/03/95
10:17 NCR
2279
95 EHR 0311*"
Gray
12/19/95
10:20 NCR
2651
95 EHR 0437*"
Gray
12/19/95
10:20 NCR
2651
95 EHR 0506
West
06/13/95
95 EHR 0560
95 EHR 0961
West
Morrison
95 EHR 0075 Nesnow
95 EHR 1064 Morrison
95 EHR 0009 Chess
95 EHR 0140 Phipps
95 EHR 0681 Chess
94 EHR 1037 Chess
11/15/95
01/19/96
10/24/95
12/29/95
06/13/95
03/22/95
01/29/96
03/13/95
10:02 NCR 185
94 EHR 0745
Chess
04/24/95
95 EHR 0649
Reilly
12/08/95
95 EHR 0736
Gray
12/13/95
Environmental Management
United Screen Printers, Inc. v. EH?^, Div. of Environmental Mgmt.
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt.
and
Duke Power Company
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt.
and
Duke Power Company
United Screen Printera, Inc. v. EHNR, Div. of Environmental Mgmt.
Kenan Oil Company, Inc. v. EHNR, EHv. of Environmental Mgmt.
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt.
Rodney Brent Becker, et al. v. Div. of Environmental Mgmt, EHNR
and
Federal Paper Board Company, Inc.
Burke Oil Company v. EHNR, Division of Environmental Management
Minnie Kelly Hunt; William Hunt; Sunset Beach Taxpayers Assoc. &. NC
Coastal Federation v. Environment, Health, and Natural Resources
and
91 EHR 1179*'
West
05/30/95
92EHR0021-'
Gray
04/03/95
92 EHR 0053*'
Gray
04/03/95
93 EHR 0273*'
West
05/30/95
94 EHR 0894
Nesnow
05/08/95
94 EHR 1755
West
06/06/95
95 EHR 0390
Chess
11/20/95
95 EHR 0616
West
12/13/95
95 EHR 0828
West
12/14/95
* Consolidated cases.
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2892
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
AU
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
South Brunswick Walcr & Sewer Autfa.; Brunswick County; Town of
Calabash; and Town of Sunset Beach
Diyision of Epidemiology
Mark Bryant Stocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology
Byde County Health Department
Fritzner Henry v. Hyde County Health Department
Macon County Heabh Department
Four Residents on Genva Circle v. Macon County Health Department
Marine Fisheries
Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries
Maternal and Child Heabh
Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services
Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs.
Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs.
Philip Haskins v. EHNR, Div. of Maternal & Child Health
Food City, Inc. v. Dept of Environment, Health, & Natural Resources
Cameron Brian White v. EHNR, Maternal & Child Health, Nutrition Svcs.
Barbara R. Amer d^/a 311 Grocery Store v. EHNR
Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs.
Food Mart #14. Cyntha Harris. EHNR, Maternal .S: Child Hlth, Nutn Svcs
Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health
Barbara R. Amer d/b/a 311 Grocery Store v. EHNR
Kenneth Callicutt, Seagrove Grocery v. Nutrition Services Section
Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs.
New Hanover County Health Department
Gus Kalogiros v. New Hanover Co. (Health DepL), Adm & Env. Svcs
Ftit County PuhHc Health Center
Mary Joyner Dudley v. Pitt County Public Health Center & EHNR
Tony P. Moore v. EHNR, & Pitt County Public Health Center
Division of SoBd Waste Management
Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management
Joyce Hildreth v. EHNR, Division of Solid Waste Management
Wayne County Department of Health
Habib Abdallah v. Wayne County Department of Health (WIC Program)
EQUAL EMPLO^TVIENT OPPORTUNITY
Mareha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center
HUMAN RESOURCES
Veronica Spearman, John P. Spearman v. Dept. of Human Resources
Sandra Jean Taylor v. Department of Human Resources
Claudia Toriola v. Department of Human Resources
Division of Child Development
lola Malloy v. DHR, Division of Child Development
Helen J. Walls, D/B/A Walls Young World v. Dept. of Human ResoutMS
Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources
i
95 EHR 0059 Reilly
94 EHR 0924 Gray
94 EHR 1202 Nesnow
94 EHR 1786 Chess
94 EHR 1073
94 EHR 1043
95 EHR 0537
92 EHR 1028
95 EHR 0S51
95 EHR 0864
90 EEC 0379
Morrison
Gray
Reilly
Phippe
Morrison
Hiipps
Chess
10/30/95
03/09/95
03/27/95
05/22/95
94 EHR 0288
Gray
05/22/95
94 EHR 1601
Chess
05/01/95
94 EHR 1711
Chess
05/02^5
94 EHR 1777
Chess
03/09/95
95 EHR 0372
Reilly
08/10/95
95 EHR 0687
Nesnow
10/19/95
95 EHR 0706*"
Reilly
10/23/95
95 EHR 0853
Gray
10/10/95
95 EHR 0862
Chess
12/28/95
95 EHR 0869
Becton
09/13/95
95 EHR 0874*"^
ReiUy
10/23/95
95 EHR 0878
Chess
12/13/95
95 EHR 0892
Gray
09/14/95
04/28/95
06/27/95
10/09/95
09/29/95
09/13/95
09/27/95
04/03/95
95 DHR 0216
Reilly
06/02/95
95 DHR 0366
Reilly
07/19/95
95 DHR 0507
West
10/18/95
10:14 NCR 1410
94 DHR 0849
Mann
03/03/95
94 DHR 1362
Becton
03/20/95
94 DHR 1617
Gray
09/13/95
10:13 NCR 1205
i
2893
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
Willie & Pamela Sturgess v. DHR, EHvision of Child Development
Esther Elder v. DHR, Division of Child Development
Theresa B. Thomas v. DHR, Division of Child Development
Ellen H. Sams v. DHR, Division of Child Development
Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander
Hill Street Day Care Center v. DHR, Division of Child Development
Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev.
Dallas & Friends Daycare Home, Sandra Severt v. DHR, Div. Child Dev.
Reccille Beamon v. DHR, Division of Oiild Development
Lana S. Grant, Little Ranchers Daycare v. DHR, Div. of Child Dev.
Jean Davidson v. DHR, Division of Child Development
CASE
DATE OF
PUBLISHED DECISION
NXmiBER
ALI
DECISION
REGISTER CITATION
94 DHR 1631
Reilly
07/10/95
94 DHR 1771
ReiUy
03/17/95
95 DHR 0268
Morrison
07/14/95
95 DHR 0293
Fhipps
08/08/95
95 DHR 0315
West
08/25/95
95 DHR 0407
Chess
10/13/95
95 DHR 0450
Phipps
06/02/95
95 DHR 0633
Chess
12/05/95
95 DHR 0999
West
12/20/95
95 DHR 1009
ReiUy
12/14/95
95 DHR 1237
West
12/18/95
Division of FadEty Services
William H. Cooke v. DHR, Division of Facility Services
Mildred Reece, Calvin Reece v. DHR, Division of Facility Services
Domiciliary &. Group Care Section
Lisa Marie Shanks v. Department of Human Resources
Brenla I. McAllister v. DHR, Division of Facihty Services
Heniy Brown, Sr. v. Department of Human Resources
DHR, Facility Svcs., Domiciliary & Group Care v. Laveme Leathers
Laveme A. Leatheis v. DHR, Facility Svcs., Domiciliaiy & Group Care
94 DHR 0565
Gray
03/16/95
94 DHR 1783
Gray
03/16/95
95 DHR 0121
West
08/03/95
95 DHR 0149
West
09/11/95
95 DHR 0526
Becton
10/05/95
95 DHR 0527
Gray
01/17/96
95 DHR 0691
Gray
01/17/96
Bingo Licensure Section
The Regular Veterans Association of the United States and the Sixteen
Posts of the Regular Veterans Association of the United States and the
Regular Veterans Association Auxiliary Located in the Slate of North
Carolina v. DHR, E>iviaion of Facility Services, Bingo Licensure Section
95 DHR 0040
Morrison
04/13/95
Certificate of Need Section
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville,
Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services,
Certificate of Need Section
and
Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville,
Inc. and Richard Allen, Sr. v. DHR, Division of Facihty Services,
Certificate of Need Section
and
Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care
Retirement Villages, Inc. (l^essor), and Liberty Healthcare Ltd.
Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR,
Division of Facility Services, Certificate of Need Section
and
Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/
Wallace, Inc.
Gordon G. Koltis, M.D., Carohna Radiation & Cancer Treatment Center,
P.A., and Carolina Radiation Medicine, P.A. v. DHR, Div. of Facility
Services, Certificate of Need Section,
and
Pitt County Memorial Hospital, Inc.
94 DHR 0197*2 ReiUy
94 DHR 0198*2 R^my
94 DHR 0403 Chess
94 DHR 1820 Chess
04/05/95
04/05/95
12/14/94
09/25/95
Durham County Social Service Penalty Review Board
Shaw Family Care, Leola Shaw Barnes v. Ehirham County Social Service
Penalty Review Boaid/DFS
Office of Emergetuy Medical Services
95 DHR 1051
Becton
01/25/96
Charles M. Erwin v. DHR, Facihty Svcs, Off. of Emgcy. Medical Svcs.
Medical Facilities Licensure Section
92 DHR 1697
Chess
05/16/95
10:06 NCR 409
Shelia Marie Hall v. DHR, Div/FaciUty Svcs., Med. Facilities Lie. Sec.
Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec.
Linda Faye Taylor v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec.
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. Sec.
95 DHR 0307
Nesnow
08/11/95
95 DHR 0322
Becton
09/13/95
95 DHR 0410
Morrison
11/09/95
95 DHR 0413
Reilly
08/14/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2894
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
AU
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Uc. Sec.
Division of Medical Assistance
A.S., by aai through her agent and pcreonal reprcsenlalive. Hank Ncal
V. DHR, EHvision of Medical Assistance
D.A., by aad ihrougfa his agent and personal representative. Hank Neal
V. DHR, Division of Medical Assistance
Stephen K., & Oiristopher &. Katina Komorck v. DHR, Med Assistance
Division of Social Services
Ceciha Y. Wall. Wilham S. Wall v. Department of Human Resources
Deborah Kirby, LesUe Saleeby v. Department of Human Resources
Sandra M. Hawkins v. DHR, Division of Social Ser-'ices
Robert A. Byers, Sharon L. Byere v, DHR. Div. of Social Sen'ices
Matljc M. Helms v. Department of Human Resources
Child Support Enforcemeni Section
Dame! J, Carter v. Department of Human Resources
Shawn Dominic Caldwell v. Department of Human Resources
William Zonta Thompson v. Department of Human Resources
Jackie E. Hackney v. Department of Human Resources
L^izo Davis v. Department of Human Resources
Frank M. Swea v. Department of Human Resources
Elbert Quick v. Department of Human Resources
Dennis E. Barkley v. Department of Human Resources
Clement McMillan v. Department of Human Resources
Herbert James Jackson HI v. Department of Human Resources
Larry James Walker Jr. v. Department of Human Resources
James R. Gray v. Department of Human Resources
Manuel F. Isla v. Department of Human Resources
John D. Bird v. Department of Human Resources
Lacy Green, Jr. v. Department of Human Resources
Leon McNair v. Department of Human Resources
Edwin A- Clarice v. Department of Human Resources
Wolfgang R. Walker v. Department of Human Resources
WyatI Roseboro v. DepartJnent of Human Resources
Lloyd Lane Speake v. Department of Human Resources
Raymond E. Dn;sser v. Department of Human Resources
Terry L. Yoder v. Department of Human Resources
Ronald E. Lewis v. Departjnent of Human Resources
Richard L. Hiott v. Department of Human Resources
Cecil Ray Hinshaw v. Department of Human Resources
Terry C. Brown v. Department of Human Resources
Paul R. Johnson v. Department of Human Resources
Henry C. Banks v. Department of Human Resources
Lucille B. I>utlcr v. Department of Human Resources
Charles Bascom Kiker v. Depaxlmeni of Human Resources
Mandel Cuny Edwards v. Department of Human Resources
Tony NL Tart v. Department of Human Resources
Wade E. Hampton v. Department of Human Resources
Cecedrick ScotI v. I>epartment of Human Resources
Gary Jay Slocks v. Department of Human Resources
Paul E- Slrawcutler v. Department of Human Resources
John L. Osborne (Jr.) v. Department of Human Resources
Richard L. Garvcr v. Department of Human Resources
Jerry Glasper v. Department of Human Resources
Cary G. Dannelly v. Department of Human Resources
Robert G. Baker v. Department of Human Resources
Tyrone Waddell v. Department of Human Resources
Robert R. Thomas v. Department of Hunmn Resources
Bernard T. Wade v. Department of Human Resources
Robert Earl Wliitc v. Dcpartmeni of Human Resources
Wilhe Scott v. Department of Human Resources
Rochester Levi Jones v. Department of Human Resources
Tmiothy Brian Ellcr v. Department of Human Resources
95 DHR 0863
Becton
10/20/95
93 DHR 1736
Reill>-
osmni
93 DHR 1737
ReiUy
05/22/95
94 DHR 1170
Reilly
10/18/95
94 DHR 1627
Morrison
07/06/95
94 DHR 1732
West
12/07/95
10:19 NCR 2550
95 DHR 0448
Nesnow
10/24/95
95 DHR 0488
Phippe
10/31/95
95 DHR 0949
Reilly
01/11/96
10-.21 NCR 2780
91 CSE 1103
Morrison
03/03/95
92 CSE 1449
ReiUy
03/29/95
92 CSE 1559
Reilly
03/29/95
93 CSE 1088
Chess
03/20/95
93 CSE 1111
Becton
07/12/95
93 CSE 1123*'
Reilly
05/16/95
93 CSE 1169
Chess
03/08/95
93 CSE 1187
Reilly
06/30/95
93 CSE 1208
Chess
03/08/95
93 CSE 1209
Mann
08/11/95
93 CSE 1255
Morrison
06/12/95
93 CSE 1268
Chess
03/08/95
93 CSE 1270*'"
Becton
07/28/95
93 CSE 1272
Gray
06/26/95
93 CSE 1295
Chess
03/08/95
93 CSE 1317
Becton
04/04/95
93 CSE 1319
Chess
03/08/95
93 CSE 1374
Gray
04/28/95
93 CSE 1423
Becton
04/25/95
93 CSE 1451
Chess
03/22/95
93 CSE 1459
Reilly
06/23/95
93 CSE 1498
NCSDOW
06/02/95
93 CSE 1508
Mann
05/18/95
93 CSE 1509
Mann
04/21/95
93 CSE 1513
Gray
05/08/95
93 CSE 1516
Morrison
05/08/95
93 CSE 1546
Gray
06/27/95
93 CSE 1556
Chess
03/22/95
93 CSE 1558
Chess
03/13/95
93 CSE 1561
Mann
04/21/95
93 CSE 1566**
Gray
05/31/95
93 CSE 1588
Becton
06/08/95
93 CSE 1593
Chess
04/20/95
93 CSE 1651
Chess
07/20/95
93 CSE 1652
Chess
03/21/95
93 CSE 1713
Mann
03/13/95
94 CSE 0140
Mann
05/30/95
94 CSE 0512
Becton
06/12/95
94 CSE 1016
Nesoow
07/21/95
94 CSE 1033
Nesnow
03^4/95
94 CSE 1094
Chess
03/06/95
94 CSE 1096
Mann
05/30/95
94 CSE HOG
Becton
07/28/95
94 CSE 1101
Becton
04/03/95
94 CSE 1102
Chess
08/08/95
94 CSE 1109
Chess
06/28/95
94 CSE 1116
Chess
05/15/95
94 CSE 1119
Reilly
03^9/95
2895
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
Marvin Mass^ v. Department of Human Resources
Morgan Pate, Jr. v. Department of Human Resources
Robert E. Dudley. Sr. v. Department of Human Resources
Julian Lattimore v. Department of Human Resources
James McFalden v. Department of Human Resources
Wesley B. Megga v. Department of Human Resources
Anthony D. McCain v. Department of Human Resources
John C. Kay v. Department of Human Resources
Raymond B. Clontz Jr. v. Department of Human Resources
James C. Rogere v. Department of Human Resources
Ruby Fewell Henry v. Department of Human Resources
Michael Leon McCain v. Department of Human Resources
James A. Honcr v. Department of Human Resources
Georg;e C. Rowere v. Department of Human Resourc^es
Kendrick WiUiam Sims v. Department of Human Resources
Carl E. Coffey v. Department of Human Resources
Michael W. Bowen v. Department of Human Resources
Roderick J. Smith v. Department of Human Resources
Richard Dill v. Department of Human Resources
James E. Freeman v. Department of Human Resources
Jonathan D. Cauthen v. Department of Human Resourcies
Roimie J. Coins v. Department of Human Resources
Ted C. Jenkins v. Department of Human Resour^^^es
Anthony J. Gibbons v. Department of Human Resources
Robert Wilson v. E>epartment of Human Resources
Grant Jules Marks v. Department of Human Resources
Aaron C. Harris v. E)epartment of Human Resources
Donald L. Coetello Sr. v. Department of Human Resources
Kelvin L. Lankford v. Department of Human Resources
Jeffrey Thomas Chambers v. Department of Human Resources
Robert J. Holden v. Dqsartment of Human Resources
Janet M. Johnson v. Department of Human Resources
Michael L. Wright v. Department of Human Resources
Amanda F. Blount v. Department of Human Resources
Terry S. Gurganus v. Department of Human Resources
John Napoleon Window Cross PuUium v. Dept of Human Resources
Charles F. Haag Jr. v. Department of Human Resources
Michael J. Montroy v. Department of Human Resources
Linton Ehirante v. Department of Human Resources
Tmiothy Rex Waddell v. Department of Human ResouI^:)es
Clarence Benjamin Banks Jr. v. Department of Human Resources
Warren M. Williams v. Department of Human Resources
Dermis L. Moore v. Department of Human Resources
Dennis W. Cashion v. Department of Human Resources
John Carroll Rodgers v. Department of Human Resources
James Edward Knox, Jr. v. Department of Human Resources
Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources
David House v. Department of Human Resources
Jerry Wayne Blanton v. E>epartment of Human Resources
Antonio Staton v. Department of Human Resources
Aqustin S. Sanchez v. Department of Human Resources
Fred Carter Jr. v. Department of Human Resources
Ricky RatJiff v. Department of Human Resources
WiUie McNeil Jr. v. Department of Human Resources
Ray Douglas Brickhouse v. Department of Human Resources
Tyron G. Moore v. Department of Human Resources
Paul A. Card v. Department of Human Resources
James P. Barton, ID v. Department of Human Resources
Darrin Yancey v. Department of Human Resources
Douglas L. Lucas v. Department of Human Resources
Gregory D. Simpson v. Department of Human Resources
Lewis A. Garris v. Department of Human Resources
Michael Lyim Avery v. Department of Human Resources
Elvis M. Graham v. Department of Human Resources
Shawn Fonville v. Department of Human Resourc-cs
David Allan Blan v. Department of Human Resources
James Lee, Jr. v. Department of Human Resources
Noah L. Houston, Sr. v. Department of Human Resources
CASE
DATE OF
PUBLISHED DECISION
NXmtBER
AU
DECISION
REGISTER CITATION
94CSE 1125
Mann
10/09/95
94CSE 1127
Mann
03/20/95
94CSE 1128
Mann
03/31/95
94CSE 1131
ReiUy
03/13/95
94 CSE 1 132
West
03/14/95
94CSE 1137
Gray
08/09/95
94 CSE 1141
Nesnow
05/16/95
94 CSE 1143
Chess
04/13/95
94 CSE 1149
Nesnow
03/03/95
94 CSE 1153
Gray
04/04/95
94 CSE 1157
Nesnow
03/16/95
94 CSE 1158
Becton
05/16/95
94 CSE 1160
Mann
08/03/95
94 CSE 1184
Mann
05/02/95
94 CSE 1 186
Chess
05/01/95
94 CSE 1191
West
05/25/95
94 CSE 1 192
NesDow
07/21/95
94 CSE 1193
Becton
06/26/95
94 CSE 1195
Mann
03/29/95
94 CSE 1199
West
07/18/95
94 CSE 1213
Chess
06/01/95
94 CSE 1214
Chess
06/01/95
94 CSE 1218
Gray
03/15/95
94 CSE 1219
Gray
03/15/95
94 CSE 1220
Gray
07/21/95
94 CSE 1222
Morrison
06/13/95
94 CSE 1225
ReiUy
04/10/95
94 CSE 1228
West
03/17/95
94 CSE 1229
West
03/17/95
94 CSE 1231
Nesnow
03/03/95
94 CSE 1232
Nesnow
03/15/95
94 CSE 1236
Mann
06/02/95
94 CSE 1237
Gray
03/15/95
94 CSE 1238
Gray
11/14/95
94 CSE 1239
Gray
03/02/95
94 CSE 1241
Gray
03/15/95
94 CSE 1242
Gray
05/31/95
94 CSE 1244
Morrison
03/13/95
94 CSE 1245
Morrison
06/26/95
94 CSE 1246
Morrison
06/26/95
94 CSE 1247
Morrison
05/17/95
94 CSE 1248
Morrison
07/11/95
94 CSE 1249
Morrison
03/02/95
94 CSE 1250
Morrison
07/10/95
94 CSE 1251
Reilly
05/18/95
94 CSE 1254
ReiUy
03/13/95
94 CSE 1255
Reilly
05/18/95
94 CSE 1256
Reilly
03/15/95
94 CSE 1257
Reilly
08/11/95
94 CSE 1258
West
07/21/95
94 CSE 1259
West
03/06/95
94 CSE 1260
West
05/22/95
94 CSE 1261
West
03/17/95
94 CSE 1262
West
03/17/95
94 CSE 1263
West
03/17/95
94 CSE 1264
West
03/17/95
94 CSE 1266
Nesnow
03/13/95
94 CSE 1267
Nesnow
06/02/95
94 CSE 1269
Nesnow
03/15/95
94 CSE 1270
Nesnow
03/15/95
94 CSE 1272
Becton
03/15/95
94 CSE 1273
Becton
07/28/95
94 CSE 1274
Becton
03/15/95
94 CSE 1275
Becton
03/15/95
94 CSE 1277
Becton
03/06/95
94 CSE 1279
Chess
07/26/95
94 CSE 1280
Chess
04/10/95
94 CSE 1284
Chess
04/26/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2896
CONTESTED CASE DECISIONS
AGENCY
Wilma Lee Burton v. Department of Human Resources
Shannon Vanderaa v. Department of Human Resources
Anthony Murray v. Department of Human Resources
Carl J. McGuirc v. Department of Human Resources
Tommy L. Burchfield v. Department of Human Resources
Virgil L. Newby v. Department of Human Resources
Gregory A. Rodrigues v. Department of Human Resources
Nelson D. Edmotds v. E>epartmcnt of Human Resources
Larry R. Bales v. Department of Human Resources
Karl Hiillp Jureen v. Department of Human Resources
David Harrington v. Department of Human Resources
Sterling Womack v. Department of Human Resources
Michael L. Franks v. Department of Human Resources
Hubert Bowe v. Department of Human Resources
Edward Fitch v. Department of Human Resources
Otis Lewis Jr. v. Department of Human Resources
Robert F. Catoe Jr. v. Department of Human Resources
William Anthony Winchester v. Department of Human Resources
Aaron L. Clark v. Department of Human Resources
Vincent R. Valles Sr. v. Department of Human Resources
Gary W. Gibson v. Department of Human Resources
Mark A. West v. Department of Human Resourcies
John E. Bolas Jr. v. EJepartmcnl of Human Resources
Gary C. Wiggins v. Department of Human Resources
Rhonnie J. Williams v. Department of Human Resources
Danny Ray Hensley v. Department of Human Resources
Stanley Moore v. Department of Human Resources
Rawn Weigel v. Department of Human Resources
David C. Glenn v. Department of Human Resources
Marc F. Cart>oni v. Department of Human Resources
Ivy M. Harvell v. Department of Human Resources
Terry L. McMillon v. Department of Hun\an Resources
Garry G. Hickman v. Department of Human Resources
Willie Herring v. Department of Human Resources
Joe C. Dean v. Department of Human Resources
Timmie E. Barnes v. Department of Human Resources
Cecilia Carmoeino v. Department of Human Resources
Marvin F. Walker v. Department of Human Resources
Terry L. Yoder v. Department of Human Resources
Richard J. Almeida v. Department of Human Resources
Gary E. MilU v. Department of Human Resources
Michael R. French v. Department of Human Resources
William R. Casey v. Department of Human Resources
John A. Jackson v. Department of Human Resources
Michael R. Roberts v. Department of Human Resources
Kevin R. Nienke v. Department of Human Resources
Cleothis B. Smith v. Department of Human Resources
Leroy Johnson Jr. v. Eteparlment of Human Resources
James Pattereon v. Department of Human Resources
Thomas Colon v. Department of Human Resources
Waller Swimiak Jr. v. Department of Human Resources
Michael R. Strong v. Department of Human Resources
Manon Rodriguez v. Department of Human Resources
Van Edward Amngton v. Department of Human Resources
Jerry L. White Sr. v. L>epartmenl of Human Resources
Dennis James Grimes v. Department of Human Resources
Scott John Tozzi v. Department of Human Resources
Wylie Norris Cooper Jr. v. Department of Human Resources
Roger A. Eaton v. E>eparlmenl of Human Resources
Willie J. Flowers Jr. v. Department of Human Resources
Jeffrey James Spence v. Department of Human Resources
Byron C. AlMon v. Department of Human Resources
Oliver Lee Wolfe Sr. v. Department of Human Resources
James Tracy Strickland v. Department of Human Resources
Michael K. Reese v. Department of Human Resources
Albert D. Johnson v. Department of Human Resources
Johnny A. Stroud v. Department of Human Resources
Richard G. Medford, Jr. v. Department of Human Resources
CASE
DATE OF
NUMBER
ALJ
DECISION
94 CSE I2S5
Chess
07/12795
94 CSE 1286
Mann
03/21/95
94 CSE 1287
Mann
03/21/95
94 CSE 1288
Mann
08/03/95
94 CSE 1289
Mann
03/21/95
94 CSE 1290
Mann
08/11/95
94 CSE 1300
Mann
03/21/95
94 CSE 1301
Gray
07/27/95
94 CSE 1302
Gray
03/02/95
94 CSE 1303
Gray
03/15/95
94 CSE 1304
MomBon
05/22/95
94 CSE 1305
Morrison
05/18/95
94 CSE 1307
Gray
09/21/95
94 CSE 1308
Mann
05/18/95
94 CSE 1313
Mann
05/02/95
94 CSE 1314
Mann
03/21/95
94 CSE 1329
Morrison
03/15/95
94 CSE 1331
ReiUy
03/15/95
94 CSE 1332
Re.Uy
03/15/95
94 CSE 1333
West
03/17/95
94 CSE 1334
West
03/06/95
94 CSE 1335
West
03/17/95
94 CSE 1336
Nesnow
03/15/95
94 CSE 1338
Nesnow
03/15/95
94 CSE 1339
Becton
03/15/95
94 CSE 1340
Becton
03/15/95
94 CSE 1341
Becton
07/28/95
94 CSE 1342
Chess
05/22/95
94 CSE 1343
Chess
04/20/95
94 CSE 1344
Chess
06/01/95
94 CSE 1345
Mann
03/21/95
94 CSE 1346
Mann
03/21/95
94 CSE 1348
Gray
03/15/95
94 CSE 1350
Morrison
03/02/95
94 CSE 1351
Morrison
03/15/95
94 CSE 1352
ReiUy
03/03/95
94 CSE 1354
West
03/17/95
94 CSE 1355
West
03/17/95
94 CSE 1356
Nesnow
10/16/95
94 CSE 1357
Nesnow
03/15/95
94 CSE 1358
Becton
08/29/95
94 CSE 1359
Becton
03/15/95
94 CSE 1369
Mann
05/02/95
94 CSE 1370
Mann
03/07/95
94 CSE 1371
Mann
03/21/95
94 CSE 1372
Gray
07/18/95
94 CSE 1373
Gray
03/15/95
94 CSE 1377
Mann
03/31/95
94 CSE 1378
Morrison
03/15/95
94 CSE 1379
ReiUy
03/15/95
94 CSE 1382
West
03/17/95
94 CSE 1383
West
07/18/95
94 CSE 1385
Nesnow
03/03/95
94 CSE 1386
West
07/18/95
94 CSE 1387
Nesnow
03/15/95
94 CSE 1388
Becton
03/15/95
94 CSE 1389
Becton
03/15/95
94 CSE 1391
Mann
08/30/95
94 CSE 1392
Gray
03/09/95
94 CSE 1393
Morrison
03/15/95
94 CSE 1394
Reilly
03/15/95
94 CSE 1396
Nesnow
03/03/95
94 CSE 1397
Mann
03/31/95
94 CSE 1398
Mann
03/31/95
94 CSE 1412
Gray
03/31/95
94 CSE 1413
Gray
06/26/95
94 CSE 1414
Gray
06/27/95
94 CSE 1415
Morrison
03/02/95
PUBLISHED DECISION
REGISTER CITATION
2897
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
Theresa Strader v. Deparlment of Human Resources
James F. Williams v. Department of Human Resources
John Bell Shelton v. Department of Human Resources
Kennedy C. Uzomba v. Department of Human Resources
Marion A. Wand v. Department of Human Resources
Robert H. Owens v. I>epartment of Human Resources
Samuel A. Lewis v. Department of Human Resources
Robert Lee Wall v. Department of Human Resources
James M. Breaien Jr. v. Department of Human Re80urc:cs
Peter G. Coley v. Department of Human Resources
Benjamin Nuriddin v. Department of Human Resources
Robert L. Carter v. Department of Human Resources
Danny Columbus Baker v. Etepartment of Human Resources
Duke William Dupre' v. Department of Human Resources
Audrey Jennings v. Etepartment of Human Resources
Robert S. Moore v. Department of Human Resources
Michael A. Camp v. Department of Human Resources
Martin J. Miller v. Department of Human Resources
Steven L. Cox v. Department of Human Resources
Michael P. Cleary v. Department of Human Resources
Willie Cherry, Jr. v. Department of Human Resources
Michael D. Guyther v. Department of Human Resources
Charlie Sturdivant v. Department of Human Resources
William V. Glcnnon v. Department of Human Resources
Alastcr Williams v. Department of Human Resources
Henry L. Gibbs v. Department of Human Resources
Roger Gene Fehlhaber v. Department of Human Resources
Donald Ray Soils v. Department of Human Resources
Lawrence E>ow Dean v. Department of Human Resources
Beau L. Miller v. Department of Human Resources
Claude E. Alston v. Department of Human Resources
Elizabeth F. West v. Department of Human Resources
John H. Underwood v. Department of Human Resources
James T. Dudley Jr. v. Department of Human Resources
Cornelius L. Jones v. Department of Human Resources
Lori Davis Humphrey v. Department of Human Resources
Robert L. Frecland, Jr. v. Department of Human Resources
Antonio Darden (fV-D #1237637) v. Department of Human Resources
Antonio Darden (TV-D #12801 16) v. Department of Human Resources
Antonio Darden (fV-D #1233347) v. Department of Human Resourc^es
Leonard Keith Morgan v. Department of Human Resources
Michael Shannon v. Department of Human Resources
Scott Thackrah v. Department of Human Resources
Cynis R. Luallen v. Department of Human Resources
Harold Dean Horn v. Department of Human Resources
James B. Miller v. Department of Human Resources
Glenn Allison v. Department of Human Resources
Louis R. Salamone v. Department of Human Resources
Lee R. Jones v. Department of Human Resources
Randy Norris Willis v. Department of Human Resources
Michael E. Bellamy v. Department of Human Resources
Eddie James Johnson v. Department of Human Resourc^es
Coley C. Matthews v. Department of Human Resources
Willie J. Gadson v. Department of Human Resources
Joseph K. Gatewood v. Department of Human Resources
Donald Lee Barcliff v. Department of Human Resources
James W. Nunnery v. E>epartment of Human Resources
Terrance Freeman v. Department of Human Resources
William Leroy Watkins v. Department of Human Resources
Bailey White v. Department of Human Resources
Shannon Woodall v. Department of Human Resources
Peter Ian Oliveira v. Department of Human Resourc^es
Karlyn R. Foster v. Department of Human Resources
Ronald E. Lewis v. Department of Human Resources
Wesley Kelvin Code v. Department of Human Resources
Everett Lee Hunt v. Department of Human Resources
Kenneth W. Cahoon v. Department of Human Resources
Ricl^ S. Blake v. Department of Human Resources
CASE
DATE OF
PUBLISHED DECISION
NimfBER
ALJ
DECISION
REGISTER CITATION
94 CSE 1416
Morrison
03/21/95
94 CSE 1417
Morrison
03/21/95
94 CSE 1419
Morrison
06/26/95
94 CSE 1420
Reilly
04/03/95
94 CSE 1421
Reilly
03/03/95
94 CSE 1423
Reilly
06/02/95
94 CSE 1424
Reilly
04/03/95
94 CSE 1425
West
03/31/95
94 CSE 1426
West
03/31/95
94 CSE 1427
West
03/31/95
94 CSE 1429
West
03/31/95
94 CSE 1430
Nesnow
03Q4/95
94 CSE 1431
Nesnow
03/24/95
94 CSE 1432
Nesnow
03/24/95
94 CSE 1433
Nesnow
03/24/95
94 CSE 1434
Nesnow
07/11/95
94 CSE 1435
Becton
03/06/95
94 CSE 1436
Becton
03/06/95
94 CSE 1437
Becton
07/28/95
94 CSE 1438
Becton
07/05/95
94 CSE 1439
Chess
03/03/95
94 CSE 1441
Chess
07/18/95
94 CSE 1442
Chess
06/29/95
94 CSE 1444
Mann
03/07/95
94 CSE 1445
Gray
03/02/95
94 CSE 1446
Morrison
03/21/95
94 CSE 1447
Reilly
04/03/95
94 CSE 1449
Nesnow
07/26/95
94 CSE 1450
Gray
06/09/95
94 CSE 1452
West
03/07/95
94 CSE 1454
Nesnow
04/17/95
94 CSE 1455
Nesnow
03/07/95
94 CSE 1456
Nesnow
04/17/95
94 CSE 1457
Nesnow
04/28/95
94 CSE 1458
Nesnow
08/10/95
94 CSE 1459
Becton
03/06/95
94 CSE 1460
Becton
04/07/95
94 CSE 1461
Becton
04/07/95
94 CSE 1462
Becton
04/07/95
94 CSE 1463
Becton
04/07/95
94 CSE 1464
Chess
08/15/95
94 CSE 1466
Chess
06/09/95
94 CSE 1468
Chess
07/20/95
94 CSE 1470
Mann
03/31/95
94 CSE 1471
Mann
03/07/95
94 CSE 1472
Mann
03/07/95
94 CSE 1473
Gray
03/02/95
94 CSE 1474
Gray
03/09/95
94 CSE 1475
Gray
05/19/95
94 CSE 1476
Morrison
03/21/95
94 CSE 1477
Morrison
03/02/95
94 CSE 1478
Morrison
03/02/95
94 CSE 1479
Morrison
03/21/95
94 CSE 1480
Reilly
04/10/95
94 CSE 1481
Reilly
06/26/95
94 CSE 14S2
Reilly
04/10/95
94 CSE 1484
Nesnow
04/17/95
94 CSE 1485
Nesnow
07/11/95
94 CSE 1486
Nesnow
04/17/95
94 CSE 1487
Nesnow
05/23/95
94 CSE 1488
Becton
07/18/95
94 CSE 14S9
Becton
03/07/95
94 CSE 1490
Becton
10/12/95
94 CSE 1491
Becton
03/07/95
94 CSE 1492
Becton
04/07/95
94 CSE 1493
Chess
06/01/95
94 CSE 1494
Chess
07/12/95
94 CSE 1495
Chess
06/22/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2898
CONTESTED CASE DECISIONS
AGENCY
Rick E. AtkiiB v. Department of Human Resources
Timothy James Burnett v. Department of Human Resources
Carioe L. Robinson v. Department of Human Resources
Eddie O. Toro v. Department of Human Resources
Timothy Mark Johnson v. Department of Human Resources
Alan W. Kaisner v. Department of Human Resources
Waller J. Stundivant v. Etepartment of Human Resources
Volna Ramone Gales v. Department of Human Resources
Bruce Kelly Jacobs v. Department of Human Resources
Tony Collins v. Department of Human Resources
Ronald O. Biggs v. Department of Human Resources
Keith Dewayne Senters v. Department of Human Resources
Waller E. Champion Jr. v. Department of Human Resources
Marvin B. Harris v. Department of Human Resources
Jay C. Edwards, III v. Department of Human Resources
William Hyman v. Department of Human Resources
David M. Manson v. Department of Human Resources
Mahalon E. While v. Department of Human Resources
Dennis Ray Alexander v. Department of Human Resources
Joseph R. & Linda M. Grooms v. Department of Human Resources
Robert M. Martin v. Department of Human Resources
Ashton Berry Gatlin v. Department of Human Resources
Louis Cragg IE v. Department of Human Resources
Dennis Micheal Sanders v. Department of Human Resources
Anthony Bonini v. Department of Human Resources
Jerry Wallace v. Department of Human Resources
John D. Twine Sr. v. Department of Human Resources
David A. Gasldns v. Department of Human Resources
Kevin Ervin Kelley v. Department of Human Resources
Nathaniel Ashford v. Department of Human Resources
Gilbert S. McLeod v. Department of Human Resources
Ellen Downing v. Department of Human Resources
Charles R. Hauley v. Department of Human Resources
Michael L. Schadler v. Department of Human Resources
Owen B. Fisher Jr. v. Department of Human Resources
Robin Delmar Goods v. Department of Human Resources
Julio Alvarado Jr. v. Department of Human Resources
Thomas A. Morgan v. Department of Human Resources
Terrence R. McLaughlin v. Department of Human Resources
Johnnie V. Johnson v. Department of Human Resources
Ward F. Miller v. Department of Human Resources
Joel P. Roth V. Department of Human Resources
Atward T. Warren v. Department of Human Resources
Monte Harwell v. Department of Human Resources
Albert Noah Dunlap v. Department of Human Resources
James E. Davis v. Department of Human Resources
Roger T. Benoy v. Department of Human Resources
Spencer P. Johnson v. Department of Human Resources
James A. Bryant v. Department of Human Resources
Conrade Dunklin v. Department of Human Resources
Kenneth J. Balfour v. Departjnent of Human Resources
Tony Thomas v. Department of Human Resources
Wilhe A. Harris v. Department of Human Resources
Walter T. Townsend Jr. v. CJepartment of Human Resources
Martin A. Greene v. Dcpartmenl of Human Resources
Dennis W. Nolan v. Department of Human Resources
Roderick Odell Adams v. E>epartmcnl of Human Resources
Jonathan L. Payne n v. Department of Human Resources
Charles Scott Wilhoit v. Department of Human Resources
Mickey Bridget! v. Department of Human Resources
John Kimmons v. Department of Human Resources
William Michael Harris v. Department of Human Resources
Randolph J. Nunn v. Department of Human Resources
David Lester Gordon v. Department of Human Resources
Larry James Walker. Jr. v. Department of Human Resourves
Wade A. Burgess v. Department of Human Resources
Gary Jones v. Department of Human Resources 94 CSE 1612
Anthony Harrison v. Departmenl of Human Resources
CASE
DATE OF
NUMBER
ALJ
DECISION
94 CSE 1496
Chess
06/28/95
94 CSE 1498
Chess
07/20/95
94 CSE 1499
Mann
03/31/95
94 CSE 1500
Mann
03/31/95
94 CSE 1502
Mann
05/02/95
94 CSE 1503
Mann
05/02;^5
94 CSE 1504
Gray
06/26/95
94 CSE 1505
Gray
04/07/95
94 CSE 1508
Gray
03/31/95
94 CSE 1511
Gray
03/02/95
94 CSE 1512
Gray
04/07/95
94 CSE 1513
Gray
04/28/95
94 CSE 1515
Morrison
08/04/95
94 CSE 1533
Morrison
03/02/95
94 CSE 1534
Morrison
04/06/95
94 CSE 1535
Morrison
06/26/95
94 CSE 1536
Morrison
09/21/95
94 CSE 1537
Morrison
04/06/95
94 CSE 1538
Reilly
03/03/95
94 CSE 1539
ReiUy
03/07/95
94 CSE 1541
ReiUy
03/07/95
94 CSE 1542
Reilly
04/10/95
94 CSE 1543
West
03/06/95
94 CSE 1544
West
06/23/95
94 CSE 1545
West
07/18/95
94 CSE 1546
West
08/25/95
94 CSE 1547
West
07/18/95
94 CSE 1548
West
05/22/95
94 CSE 1549
Nesnow
06/02/95
94 CSE 1551
Nesnow
07/26/95
94 CSE 1552
Nesnow
09/28/95
94 CSE 1553
Nesnow
03/30/95
94 CSE 1554
Becton
03/07/95
94 CSE 1555
Becton
03/07/95
94 CSE 1562
Becton
04/07/95
94 CSE 1563
Becton
04/07/95
94 CSE 1564
Becton
05/22/95
94 CSE 1567
Chess
06/02/95
94 CSE 1569
Chess
03/07/95
94 CSE 1570
Chess
06/28/95
94 CSE 1571
Chess
04/19/95
94 CSE 1572
West
03/14/95
94 CSE 1573
West
03/31/95
94 CSE 1576
West
07/18/95
94 CSE 1577
ReiUy
04/10/95
94 CSE 1578
Reilly
04/10/95
94 CSE 1579
Reilly
03/03/95
94 CSE 1580
Reilly
04/10/95
94 CSE 1582
Morrison
04/06/95
94 CSE 1583
Morrison
04/06/95
94 CSE 1584
Morrison
03/07/95
94 CSE 1585
Morrison
07/26/95
94 CSE 1586
Morrison
04/06/95
94 CSE 1587
Gray
04/28/95
94 CSE 1588
Gray
08/11/95
94 CSE 1590
Gray
03/31/95
94 CSE 1591
Gray
04/07/95
94 CSE 1592
Morrison
04/06/95
94 CSE 1594
Reilly
04/21/95
94 CSE 1595
West
05/08/95
94 CSE 1596
Nesnow
04/17/95
94 CSE 1605*"
Chess
01/16/96
94 CSE 1608
Mann
03/21/95
94 CSE 1609
Mann
03/13/95
94 CSE 1610
Chess
06/01/95
94 CSE 1611
Chess
06/09/95
Oiess
07/12/95
94 CSE 1615
Becton
04/07/95
PUBLISHED DECISION
REGISTER CITATION
2899
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
Eddie L. Oliver HI v. Department of Human Resources
Michael D. Tyree v. Department of Human Resources
Dieter W. Crago v. Department of Human Resources
Edward Fisher v. Department of Human Resources
Leroy Jones v. Department of Human Resources
Bernard Cooper v. Department of Human Resources
WiUiam Gray v. Department of Human Resources
Edward Lockhart v. Department of Human Resources
Duane B. Mar^bum v. Department of Human Resources
Tmimy R. Jackson v. Department of Human Resources
Mark: A. Jones v. Department of Human Resources
Oixlmo Damota Freitas v. Departmenl of Human Resources
Tony Monzell Peny v. Department of Human Resources
Frank M. Swett v. Department of Human Resources
James B. Stokes Jr. v. Department of Human Resources
Edith Christine Spurlock v. Department of Human Resources
AiKirew P. Jergcns v. Department of Human Resources
Nelson Beimett v. Department of Human Resources
Eric L. McDonald v. Department of Human Resources
James A. Caldwell v. Departmenl of Human Resources
Kevin Close v. Department of Human Resources
StejAen L. Blankenship v. Department of Human Resources
Herbert T. Robertson v. Department of Human Resources
Rodney DC Barnes v. Department of Human Resources
Kenny R. Bradshaw v. Department of Human Resources
Eddie Harris Jr. v. Department of Human Resources
Ronnie P. Stephens v. Department of Human Resources
Anthony B. Gardner v. Department of Human Resources
Darrell Wayne Sailer v. Department of Human Resources
Timothy C. Okeke v. Department of Human Resources
Lewis M. Scarborough v. Department of Human Resources
Manuel F. Isla v. Department of Human Resources
Robert Larry Martin v. Department of Human Resources
Dwane M. Williams v. Department of Human Resources
Joseph O. Evans v. Department of Human Resources
Donald E. Kirby v. Department of Human Resources
Darell D. Gautier v. Department of Human Resources
Paul R. Roes v. Department of Human Resources
Bobby Dain Massey v. Department of Human Resources
Mandel Curry Edwards v. Departmenl of Human Resources
Carol Jeanne Deese v. Department of Human Resources
James Wright Jr. v. Department of Human Resources
Joyce Ann Wilkinson v. Department of Human Resources
Levem Wilson, Jr. v. Department of Human Resources
Michael A. Bradford v. Department of Human Resources
Clayman R. Norfleel v. Department of Human Resources
Johrmy C. Cole v. Department of Human Resources
Rasoul Behboudi v. Department of Human Resources
David L. Hill v. Department of Human Resources
Keith Matthews v. Department of Human Resources
Ernest N. Pruitt. Jr. v. Department of Human Resources
Troy Cage v. Department of Human Resources 95 CSE 0207
Clyde R. Gaither v. Department of Human Resources
Randy E. Baker v. Department of Human Resources
James Glenn LockJear v. Department of Human Resources
Walter Swimiak v. Department of Human Resources
William Rann v. Department of Human Resources
Inez Brown v. Department of Human Resources
Matthew L. Ward v. Department of Human Resources
Sanders Gilliard Hunter v. Department of Human Resources
James A. Bishop Jr. v. Department of Human Resources
Marie C. Bushrod v. Department of Human Resources
Antoine D. Jones v. Department of Human Resources
Bennje L. Little v. Department of Human Resources
Yvonne Butler v. Department of Human Resources
Eterrick Leon Henry v. Department of Human Resources
Raul A. Dinzey v. Department of Human Resources
David Dean Davis v. Department of Human Resources
CASE
DATE OF
PUBLISHED DECISION
NUMBER
AU
DECISION
REGISTER CITATION
94 CSE 1616
Becton
07/10/95
94 CSE 1619
Becton
04/07/95
94 CSE 1620
Becton
01/22/96
94 CSE 1621
Becton
04/07/95
94 CSE 1622
Nesnow
07/05/95
94 CSE 1623
Nesnow
04/17/95
94 CSE 1645
Becton
04/25/95
94 CSE 1646
Chess
06/02/95
94 CSE 1647
Mann
08/03/95
94 CSE 1648
Gray
03/09/95
94 CSE 1649
Morrison
03/07/95
94 CSE 1650
Reilly
03/07/95
94 CSE 1651
West
04/07/95
94 CSE lesa*"
ReiUy
05/16/95
94 CSE 1653
Becton
04/07/95
94 CSE 1654
Chess
07/19/95
94 CSE 1655
Mann
05/22/95
94 CSE 1656
Gray
03/02/95
94 CSE 1657
Morrison
04/06/95
94 CSE 1658
Reilly
12/12/95
94 CSE 1677
West
08/10/95
94 CSE 1678
Becton
07/28/95
94 CSE 1679
Chess
06/28/95
94 CSE 1680
Mann
11/16/95
94 CSE 1700
Reilly
04/10/95
94 CSE 1702
Becton
04/07/95
94 CSE 1703
Chess
06/28/95
94 CSE 1704
Mann
05/02/95
94 CSE 1723
Morrison
12/06/95
94 CSE 1724
Reilly
08/08/95
94 CSE 1725
West
05/25/95
94 CSE 1749*'°
Becton
07/28/95
94 CSE 1750
Chess
03/21/95
94 CSE 1759
Nesnow
06/09/95
94 CSE 1766
Chess
03/21/95
94 CSE 1767
ReiUy
03/03/95
94 CSE 1768
Mann
08/03/95
94 CSE 1778
West
03/06/95
94 CSE 1798
Gray
04/27/95
94 CSE 1799**
Gray
05/31/95
94 CSE 1814
Morrison
04/27/95
94 CSE 1826
Nesnow
07/11/95
95 CSE 0071
Becton
04/04/95
95 CSE 0073
Chess
06/28/95
95 CSE 0116
Mann
05/25/95
95 CSE 0117
Momson
07/11/95
95 CSE 0118
ReUly
06/22/95
95 CSE 0147
West
05/18/95
95 CSE 0200
Becton
08/29/95
95 CSE 0205
Chess
07/19/95
95 CSE 0206
Riipps
07/21/95
Hiippe
07/26/95
95 CSE 0208
Phipps
07/31/95
95 CSE 0226
Nesnow
07/28/95
95 CSE 0229
Phippe
07/31/95
95 CSE 0230
West
07/18/95
95 CSE 0273
Phipps
06/27/95
95 CSE 0279
Phipps
07/21/95
95 CSE 0280
Phipps
06/27/95
95 CSE 0284
Phipps
05/22/95
95 CSE 0292
Gray
08/07/95
95 CSE 0297
Morrison
07/26/95
95 CSE 0300
Reilly
07/21/95
95 CSE 0313
Morrison
07/21/95
95 CSE 0319
Becton
09/18/95
95 CSE 0321
Oiess
07/17/95
95 CSE 0344
Mann
08/03/95
95 CSE 0350
Phipps
07/26/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2900
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
AU
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Frank McGirt V. Department of Human Resources 95 CSE 0351 Gray 08/07/95
Kelly Thomas Felty v. Department of Human Resources 95 CSE 0360 Morrison 08/07/95
Robert Lee Elliott v. Department of Human Resources 95 CSE 0369 Reilly 10/09/95
Kelvin M. Tarlton v. Department of Human Resources 95 CSE 0370 West 07/26/95
Oarcnce O. Hilliard v. Department of Human Resources 95 CSE 0371 Reilly 05/25/95
Benjamin F. Grocnewold V. Department of Human Resources 95 CSE 0388 West 01/19/96
Larry James McGirt v. Department of Human Resources 95 CSE 0389 Nesnow 08/10/95
Alonzo Wilson v. Department of Human Resources 95 CSE 0414 Becton 07/28/95
Reginald Hill v. Department of Human Resources 95 CSE 0438 Becton 07/21/95
Rhonda D. Deaton v. Department of Human Resources 95 CSE 0489 Becton 07/05/95
William Michael Harris v. Department of Human Resources 95 CSE 0490*" Chess 01/16/96
Timothy W. Barber v. Department of Human Resources 95 CSE 0491 Phipps 08/07/95
Rudolph C. Williams v. Department of Human Resources 95 CSE 0492 Gray 07/18/95
John K. Bostic v. Department of Human Resources 95 CSE 0493 Nesnow 08/02/95
Eva T. Wilson v. Department of Human Resources 95 CSE 0520 Reilly 07/21/95
Robert Lee Smith, Jr. v. Department of Human Resources 95 CSE 0528 West 08/25/95
Dave L. James v. Department of Human Resources 95 CSE 0539 Mann 07/21/95
Robert Lee Bullock v. Department of Human Resources 95 CSE 0559 Phipps 07/31/95
Augusta Hepburn v. Department of Human Resources 95 CSE 0573 Gray 08/28/95
Kenneth Walter Dudney v. Department of Human Resources 95 CSE 0575 Morrison 09/12/95
Anthony Lemar m v. Department of Human Resources 95 CSE 0627 West 02/02/96
Michael Watts Sr. v. Department of Human Resources 95 CSE 0628 Nesnow 09/26/95
Chris Brown v. Department of Human Resources 95 CSE 0695 Phipps 08/25/95
Kenneth Collins v. Department of Human Resources 95 CSE 0709 CTiess 10/27/95
Walter Richajdson, Jr. v. Department of Human Resources 95 CSE 0710 Chess 09/26/95
James M. Melvin v. Department of Human Resources 95 CSE 0719 Phippe 10/10/95
Alvin L. Martin v. Department of Human Resources 95 CSE 0733 Gray 10/05/95
Kirk Shannon Baker v. Department of Human Resources 95 CSE 0734 Morrison 10/06/95
Reginald L. Woods v. Department of Human Resources 95 CSE 0759 Reilly 1 1/08/95
Willie Gadson v. Department of Human Resources 95 CSE 0783 Nesnow 10/26/95
Eddie Harris Jr. v. Department of Human Resources 95 CSE 0814 Becton 09/28/95
Bruce Coleman v. Department of Human Resources 95 CSE 0896 Chess 12/15/95
Cerulean Fetherson v. Department of Human Resources 95 CSE 0900 Phipps 1 1/07/95
Willie M. Herring v. Department of Human Resources 95 CSE 0913 Gray 09/25/95
Jerry Robert Hahn v. Department of Human Resources 95 CSE 0997 Nesnow 01/03/96
John Milton Leatherman v. Department of Human Resources 95 CSE 1096 Morrison 12/19/95
Donna French v. Department of Human Resources 95 CSE 1 109 Becton 01/30/96
Donald D. Cummings v. Department of Human Resourc;es 95 CSE 1130 Gray 01/03/96
John W. Scott v. Department of Human Resources 95 CSE 1 159 Reilly 01/22/96
Norman Hunt v. Department of Human Resources 95 CSE 1160 West 12/12/95
Fernando D. Whitehead v. Department of Human Resources 95 CSE 1182 Gray 02/01/96
Carl Bernard Falls v. Department of Human Resources 95 CSE 1183 Morrison 12/11/95
Robert E. White V. Department of Human Resources 95 CSE 1210*" Phipps 01/19/96
Keith L. Rosebud v. Department of Human Resources 95 CSE 1212 Gray 12/18/95
Yonnie K. Langham Sr. v. Department of Human Resources 95 CSE 1219 Reilly 01/30/96
Andrew Smith v. Department of Human Resources 95 CSE 1220 West 01/31/96
Johnny Victor Debity v. Department of Human Resources 95 CSE 1223 Chess 01/17/96
David C. Glenn V. Department of Human Resources 95 CSE 1225 Gray 12/11/95
Donald (Glereion) Ryan v. Department of Human Resources 95 CSE 1226 Morrison 01/03/96
David C. Lupfer v. Department of Human Resources 95 CSE 1228 West 01/03/96
Joseph R. & Linda M. Grooms v. Department of Human Resources 95 CSE 1229 Nesnow 01/18/96
Marshall L. Ward v. Department of Human Resources 95 CSE 1268 Reilly 02/02/96
Wllbcrt W. Moore v. Department of Human Resources 95 CSE 1269 West 12/18/95
Newton Price v. Department of Human Resources 95 CSE 1272 Chess 01/18/96
Kennedy C. Uzomba v. Department of Human Resources 95 CSE 1279 Becton 12/18/95
Ronald E. Lewis v. Department of Human Resources 95 CSE 1282 Gray 12/18/95
Tommy R. Jackson v. Department of Human Resouives 95 CSE 1293 West 01/11/96
Carl Neal v. Department of Human Resources 95 CSE 1295 Becton 01/31/96
Perry R. Baker v. Department of Human Resourc-es 95 CSE 1299 Morrison 12/11/95
Robert E. White v. Department of Human Resources 95 CSE 1324*" Phipps 01/19/96
Jerome Maddox Jr. V. Department of Human Resources 95 CSE 1327 Nesnow 01/03/96
Steven Vaughan v. Department of Human Resources 95 CSE 1332 Oiess 01/22/96
Derrick C. Humphrey v. Department of Human Resources 95 CSE 1348 West 01/03/96
Craig R. Riggs v. Department of Human Resources 95 CSE 1368 Becton 02/02/96
Augusta Hepburn v. Department of Human Resources 95 CSE 1370 Phipps 01/05/96
Kenneth B. Whitmire V. Department of Human Resources 95 CSE 1372 Gray 01/05/96
Dexter A. Owens V. Department of Human Resourc-es 95 CSE 1378 Oiess 12/14/95
Terry L. Yoder v. Department of Human Resources 95 CSE 1379 Phipps 01/03/96
10:22 NCR 2916
2901
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
Gary Twifoid Piimer v. Department of Human ResouraB
Larry E. Harbaugh v. Department of Human Resources
Lee R. Jones v. Department of Human Resources
Distribuaon Child Support
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section
Hoke County Social Services
Mr. and Mrs. William Jeffereon v. Hoke Cty Soc Svcs, Linda Cromartie
Rockingham County Department <^ Social Services
Ciystean Fields v. Rockingham County DSS
Wake County Social Services
Grace A. Wright v. Wake County Social Services., Suzanne Woodell
and Ciaig Gleim
Division of Vocational RehahiStation Service
Marcus Biyan Sloan, ni v. Division of Vocational Rehabilitation Service
INSURANCE
Grace F. Watkins v. Teachers' & St Emp. Comp. Major Med. Plan
Billy Gene Campbell v. Department of Insurance
Karen Wingert Bunch v. Teachcts' & St. Emp. Comp. Major Med. Plan
Gladys M. Dillard v. Teachers' & St. Emp. Comp. Major Med. Plan
jusncE
Alarm Systems Licensing Board
Patrick P. Sassman v. Alarm Systems Licensing Board
Chad R. Fuller v. Alarm Systems Licensing Board
Malcolm K. Teague v. Alarm Systems Licensing Board
Jean C. Milhcan v. Alarm Systems Licensing Board
Education and Training Standards Division
Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm.
and
SherifEs' Education and Training Standards Commission
Ricky Dale McDcvitt v. SherifTs Ed. & Training Stds. Comm.
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stda. Comm.
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm.
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm.
Constance F. Lawrence v. SherifTs Ed. & Training Stds. Comm.
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm.
Kathy O. Boyes v. SherifTs Education & Training Standards Comm.
Marilyn Jean Britt v. SherifTs Ed. & Training Stds. Comm.
Antonio Tremont Davis v. Sheriff's Ed. & Training Stds. Comm.
Amy Rebecca Batcheler v. Sheriff's Ed. & Training Stds. Comm.
Richard Tcny Locklear v. Criminal Justice Ed. & Training Stds. Comm.
and
Sheriff' Education and Training Standards Commission
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm.
Henry Roger Judd v. Sheriff's Ed. & Training Stds. Comm.
Troy Layne Millican v. Criminal Justice Ed. & Training Stds. Comm.
Dajyl Tyrone Beard v. Criminal Justice Ed. & Training Stds. Comm.
Leshe Eari Jones v. SheriiTs Ed. & Training Standards Commission
Jewel T. Braewell v. Criminal Justice Ed. & Training Stds. Comm.
George H. Powell Jr. v. Criminal Justice Ed. & T raining Stds. Comm.
Mark Jason Smith v. Sheriff's Ed. & Training Stds. Comm.
Bryan Keith Bradley v. SherifTs Ed. & Training Standards Commission
CASE
DATE OF
NUMBER
AU
DECISION
95 CSE 1386
Moiiison
01^1/96
95 CSE 1415
Gray
01/05/96
95 CSE 1434
Nesnow
01/05/96
PUBLISHED DECISION
REGISTER CITA'nON
95 DCS 0239 Phipps
95 DHR 0857 Gray
95 DHR 0316 Reilly
94 DHR 161S Chess
95 DHR 1000 Chess
94 INS 1639 Chess
95 INS 0143 Reilly
95 INS 0243 Morrison
95 INS 0619 Chess
05/02/95
08/17/95
06/01/95
05/03/95
11/15/95
05/24/95
04/20/95
07/21/95
12/05/95
94 DOJ 1825
Reilly
03/09/95
95 DOJ 0716
West
08/18/95
95 DOJ 0765
Nesnow
10/19/95
95 DOJ 1351
Becton
01/30/96
94 DOJ 1006*'*
West
10/30/95
10:17 NCR
2255
94 DOJ 1710
Nesnow
05/04/95
10:05 NCR
324
95 DOJ 0028
Becton
06/08/95
95 DOJ 0029
Reilly
05/16/95
95 DOJ 0043
Reilly
06/02/95
95 DOJ 0076
Morrison
04/06/95
95 DOJ 0101
Morrison
06/13/95
10:07 NCR
627
95 tX)J 0134
West
01/11/96
95 DOJ 0172
Gray
08/03/95
95 DOJ 0298
Phipps
08/08/95
95 DOJ 0364
West
08/16/95
95 DOJ 0365*"
West
10/30/95
10:17 NCR
2255
95 DOJ 0401
Nesnow
06/07/95
95 DOJ 0431
Nesnow
08/02/95
95 DOJ 0452
Nesnow
01/19/96
95 DOJ 0566
Gray
10/11/95
95 DOJ 0726
Becton
12/22/95
10:20 NCR
2646
95 DOJ 0730
Phipps
09/11/95
95 DOJ 0784
Riipps
09/08/95
95 DOJ 0795
Gray
08/14/95
95 DOJ 0796
ReiUy
11/28/95
10:22
NORTH CAROLINA REGISTER
February IS, 1996
2902
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Elijah Nicholson v. Sheriffs Education & Training Standards Comm.
Joyce Williams Andrews v. Sheriff's Ed. & Training Stds. Comm.
Ernie Lowery v. Criminal Jiistice Ed. &. Training Standards Commission
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm.
Private Protective Services Board
Lewis Austin Sainlsing v. Private Protective Services Board
Marcus T. Williams v. Private Protective Services Boaid
Melvin Ray Cooper v. Private Protective Services Board
Donnell E. Morrow, Jr. v. Private Protective Services Board
Private Protective Services Board v. James C. Purvis
Private Protective Services Board v. Samuel O. Smith
Jann Mitchell Stanley v. Private Protective Ser^'ices Board
Donald Wayne Clark v. Private Pnjtective Services Board
Richard Frank v. Private Protective Services Board
Marvin E. Shackleford v. Private Protective Services Board
Julius T. Fairley v. Private Protective Services Board
James L. McLeary, Jr. v. Private Protective Services Board
Bobby E. Smithey v. Private Protective Services Board
Frederick B. Moore, Jr. v. Private Protective Services Boand
Daniel C. Inglesc v. Private Protective Services Board
Walter Lee Watson v. Private Protective Services Board
Charles Ray Gable v. Private Protective Services Board
Richard DuUn, Jr. v. Private Protective Services Board
Robert Baxter McGuire, Sr. v. Private Protective Services Board
Robert Conral Martin v. Private Protective Services Board
L.arry C. Tant v. Private Protective Services Board
Robert E. Brown v. Private Protective Services Board
Raymond E>ouglas Boggs v. Private Protective Services Board
Lavell Bridges v. Private Protective Services Board
Danielle Marie Metcalfe v. Private Protective Services Board
LABOR
Occupational Sirfety & Health Division
Lenoir County Public Schools v. Department of Labor, OSHA
Private Personnel Service Division
Employment Consultants, Inc. v. Private Personnel Service Division
Wage and Hour Division
R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div.
McDonald's Corporation v. Department of Labor. Wage & Hour Division
PRACTICING PSYCHOLOGISTS
John E. Miller v. F^chology Board
PUBLIC INSTRUCTION
95 DOJ 0880
95 DOJ 0881
95 EX)J 0898
95 DOJ 1408
95 DDL 0218
95 DOL 0209
94 DOL 1524
95 DOL 1170
95 BPP 0629
Becton
Morrison
Nesnow
Ptipps
Nesnow
Morrison
West
West
Nesnow
01/31/96
01/11/96
11/17/95
07/31/95
i
94 DOJ 1000
Oiess
03/03/95
94 DOJ 1064
Chess
02/24/95
94 DOJ 1635
Reilly
03/09/95
94 DOJ 1823
ReiUy
03/09/95
95 DOJ 0018
Chess
05/15/95
95 DOJ 0133
Chess
05/09/95
95 DOJ 0420
Morrison
05/24/95
95 DOJ 0444
F^ipps
07/14/95
10:09 NCR 805
95 DOJ 0610
Phipps
08/10/95
95 DOJ 0611
Phipps
07/18/95
95 DOJ 0612
Phippe
07/20/95
95 DOJ 0613
Phipps
07/18/95
95 DOJ 0717
West
08/23/95
10:12 NCR 1039
95 DOJ 0766
Morrison
09/01/95
95 DOJ 0767
Morrison
08^0/95
95 DOJ 0768
West
10/09/95
95 DOJ 0975
Gray
10/17/95
95 DOJ 0976
Gray
12/29/95
95 DOJ 0977
Gray
10/17/95
95 DOJ 1 122
Chess
12/22/95
95 DOJ 1 124
Chess
12/19/95
95 DOJ 1134
Chess
12/28/95
95 DOJ 1138
Reilly
11/30/95
95 DOJ 1418
Becton
01/30/96
96 DOJ 0023
Morrison
01/26/96
05/01/95
07/07/95
03/23/95
01/11/96
09/12/95
i
Glenn II, on behalf of Glenn II. and Glenn D, Individually v. Charlotte-
Mecklenburg County Schools
Donna Marie Snyder v. Department of Public Instruction
S.M. on Behalf of J. A.M.. and S.M., Individually, and J.M. v. Davie
Count>- Board of Education
William Hewett v. State Board of Education
James Midgetlc v. State BoanJ of Education
Linda Howard v. Lenoir County Public Schools94 EDC 1788
Deborah R. Croufie v. Stale Board of Education95 EDC 0003
Haydn Stewart Hasty v. Stale Board of Education
Bobby G. Little v. Department of Public Instruction
Tonya Marie Snipes and Robert Leon Snipes v. Orange County- Schools
Vance County Schools v. Haywood Yarborough
Laveme K. Suggs v. Department of Public Instruction
93 EDC 0549
Chess
03/16/95
93 EDC 0731
Chess
10/11/95
93 EDC 0742
Phipps
05/30/95
94 EDC 0533
Gray
03/31/95
10:02 NCR 179
94 EDC 1401
Reilly
05/02/95
Mann
01/11/96
Chess
04/10/95
95 EDC 0027
ReiUy
10/09/95
10:15 NCR 1632
95 EDC 0168
Phipps
03/20/95
95 EDC 0225
Mann
05/15/95
95 EDC 0235
Mann
08/04/95
95 EDC 0384
Nesnow
07/12/95
i
2903
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
Lavern K. Suggs v. GuUford County Schools 95 EDC 0385
Kenneth G.H. Leftwich v. State Board of Education
Maielioe J. Taylor v. Department of Public Instruction
William Aadrcw McCuUough v. Public Instruction. Ucensupc Section
Bobby Jean L. Qiavia v. Department of Public Instruction
Nancy L. Bauman v. Chapel Hill/Carrboro City School System
STATE BAR
PhiUip S. Banks, in v. North Carolina State Bar
STATE PERSONNEL
Department of Adnutdsuadon
Bessie R. HubbanJ v. State Constniction Office, Dept. of Administration
Appalachian State University
Theresa Louise Whittington v. Appalachian Stale Univereity
CasweU County Heath Department
Delia Brown v. Caswell County Health Department
Julie R. Jcrfmson v. Caswell County Health Department
N.C. Central University
P^er A. Fore v. N.C. Central University
Department of Commerce
T. Sherwood Jemigan v. Depl. of Commerce. Savings Institution Div.
Department of Community Colleges
Sheila M. Thompson v. Department of Community Colleges
Department of Correction
Nancy Gilchrist v. Department of Correction
Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole
Thomas Wayne Smathers v. Department of Correction
George J. McClease, Jr. v. Department of Correction
Gaius Wells v. Department of Correction
Nancy C. Walker v. Department of Correction 94 OSP 1206
Jeffrey Leonard Jenkins v. Dept of Correction/Piedmont Correctional Inst
Ruth Kearney v . Department of Correction
Ann R. Fletcher v. Department of Correction 95 OSP 0123
Odell Davis v. Department of Correction
James W. Hughes v. Department of Correction, Blue Ridge Unit Avery
Dennis Harrell v. Department of Correction
William E. Norwood, Jr. v. Department of Correction
Brent Macemore v. Department of Correction 95 OSP 0501
Shelby Gorham-Teel v. Department of Correction
Larry Riddle v. Department of Correction
William D. Bryant Jr. v. Department of Correction
Eric Little v. Department of Correction. Morrison Youth Institution
John R. Yates v. Department of Correction
Dana K. Nance v. Department of Correction
Cynthia R. Steven v. N.C. Women's Prison
Mark R. Muq^hy v. Department of Correction 95 OSP 1047
Gregory Allen Jones v. Department of Correction, Supt. Bonnie Boyette
Haydee C. Craver v. Department of Correction 95 OSP 1357
Department of Crime Control and PubUc Strfety
Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safely
CASE
DATE OF
PUBLISHED DECISION
NUMBER
AU
DECISION
REGISTER CITATION
Nesnow
06/02/95
95 EDC 0405
NesDow
05/25/95
95 EDC 0525
Phippe
10/25/95
95 EDC 0915
Gray
10/30/95
95 EDC 0940
Gray
12/18/95
95 EDC 1088
Mann
12/21/95
95 BAR 0861
94 OSP 1684
95 OSP 0698
94 OSP 0834
94 OSP 0865
93 OSP 0189
94 OSP 0775
94 OSP 1530
Morrison
Becton
Phippe
Nesnow
ReiUy
Nesnow
West
08/18/95
01/11/96
12/08/95
06/12/95
03/15/95
06/13/95
05/25/95
11/01/95
10:21 NCR 2773
10:17 NCR 2272
94 OSP 0121
West
03/09/95
94 OSP 0332
West
05/15/95
94 OSP 0590
West
03/23/95
94 OSP 0644
Gray
04/19/95
94 OSP 0684
West
10/12/95
10:15 NCR 1610
Gray
08/18/95
94 OSP 1802
West
1 1/29/95
94 OSP 1807
Becton
03/13/95
Chess
08/21/95
95 OSP 0244
Gray
09/21/95
95 OSP 0334
Becton
07/25/95
95 OSP 0440
Phipps
09/05/95
10:13 NCR 1209
95 OSP 0500
Gray
08/16/95
Chess
12/12/95
95 OSP 0536
Reilly
10/23/95
95 OSP 0570
West
10/18/95
95 OSP 0645
West
12/15/95
95 OSP 0658
Phippe
10/18/95
95 OSP 0688
Becton
12/19/95
95 OSP 0722
Gray
01/18/96
95 OSP 0829
Chess
10/24/95
Nesnow
10/26/95
95 OSP 1290
Phipps
02/02/96
Nesnow
01/03/96
94 OSP 1399
06/13/95
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2904
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Robert W. Bcasley v. Crime Control & Public Safety, St. Highway Patrol
Robert L. Whitesell v. Crime Control & Public Safety, Si. Highway Patrol
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol
Office of tht District Attorney
Shannon Caudill v. OfEce of the District Attorney for Judicial
District 17-B, and Administrative Office of the Courts
94 OSP 1821 Morrison
95 OSP 0738 Rcilly
95 OSP 0835*" Nesnow
95 OSP 0936*'^ Nesnow
95 OSP 0188
Nesnow
08/10/95
12/20/95
12/05/95
12/05/95
03/20/95
10:11 NCR 965
i
Dorothea Dix Hospital
Paul E. Hunter v. Dorothea Dix Hospital
Paul E. Hunter v. Dorothea Dix Ho^ital
Durham County Heath Department
Laurie A. Gerhard v. Durham County Health Department
East CaroStia Vmveraty
Helen E. Wolfe v. East Carolina University, Dcpt. of Biology
Ijllie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al.
LilUe Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al.
Lilhe Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al.
Edgecombe County Health Department
RonaW E. Wootcn v. Edgecome County Health Department
Department of Environment, Health, and Natural Resources
Babette K. McKemie v. EHNR, Div. of Environmental Management
James M. Kelly v. Dept of Environment, Health, & Natural Resources
FayettmlU State University
George Benstead v. Fayetteville State University
Lt. Bobby McEachem v. FSU Police Department
Officer Gregor A. Miles v. FSU Police Department
Forsyth Stokes Mental Health Center
Michael Howell v. Forsyth Stokes Mental Health Center
Gid^ord County Mental Health
Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.)
Department of Human Resources
April Benfield v. Department of Human Resources
and
Western Carolina Center
Geraldine Blackston v. DHR, NC Special Care Center
Eugene Hightower, Jr. v. Department of Human Resources, EEO
Rebecca Johnson v. Human Resources, Special Care Center
Edward E. Williams v. NC Special Care Center, Def/Emp, DHR
Bkui. Moununn ADATC
Julie Y. Newton v. ADATC Black Mtn & St. of North Carohna
Black Mountain Center
James Harrison v. Black Mountain Center, Dept. of Human Resources
James Harrison v. Black Mountain Center, Dept. of Human Resources
95 OSP 0504
95 OSP 0801
95 OSP 0220
Gray
Chess
Ftiippe
94 OSP 1558 Reilly
95 OSP 0O38*' Becton
95 OSP 0057*' Becton
95 OSP 0587
94 OSP 1209 Gray
94 OSP 0358 Chess
95 OSP 0777 Becton
94 OSP 1597 Nesnow
95 OSP 0042** Reilly
95 OSP 0058*' ReiUy
94 OSP 0499 taiess
95 OSP 0942 West
95 OSP 0850
Nesnow
07/12/95
12/12/95
08/17/95
09/07/95
06/08/95
06/08/95
01/10/96
07/10/95
05/31/95
1 1/27/95
04/04/95
07/05/95
07/05/95
03/24/95
09/22/95
94 OSP 0994*" Gray
95 OSP 0190*" Gray
12/05/95
07/31/95
07/31/95
10:12 NCR 1043
10:18 NCR 2449
94 OSP 1758
Nesnow
06/07/95
94 OSP 1773
Becton
11/17/95
10:18 NCR 2433
94 OSP 1811
West
05/04/95
95 OSP 0138
West
03/31/95
95 OSP 0483
Reilly
10/03/95
i
2905
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
95 OSP 0714
94 OSP 0939
95 OSP 0692
95 OSP 0425
Caswell Censer
David A. Kilpatrick v. DHR, Caswell Center 95 OSP 0267 Nesoow
Cherry Hospital
William H. Cooke v. DHR, Cherry Ho^ital
Sandra Qiaac Butts v. Department of Human Resources, Cherry Hospital
Deloris L. Johnson v. Cherry Hospital, DHR 95 OSP 0409
Cumberiand County Departmenx of Social SerAces
Gloria Daniels v. Cumberland County Department of Social Services
Durham County Departmenx of Social Services
Delores H. JeffeiB v. Durham County Department of Social Services
Jacquenetta Blackwell v. Durham County Department of Social Services
Forsyth County Social Services Department
Vivica Mclntyre v. Forsyth County Social Services Department
Gaston County Department of Social Services
Bobbie J. Gilliam v. Gaston County Department of Social Services
Halifax County Departmera of Social Services
Robert E. Sykes v. HaUfax County Department of Social Services
Iredell County DepartmerU of Social Services
Vernon E. Groese v. Iredell County Department of Social Services
Bormie N. Bellamy v, Iredell County Department of Social Services
Division of Medical Assistance
George F. Knight v. Division of Medical AssistaiKe, DHR
New Hanover County DepartmerU of Social Services
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC
Richmond County Department of Social Services
Emma Jane Bradley v. Richmond County Dept. of Social Services
Division of Vocational Rehabilitation Senices
Annie D. Donaldson v. DHR, Division of Vocational Rehabilitation Svcs
Atmie D. Donaldson v. DHR, Division of Vocational Rehabilitation Svcs
Wake County Department of Health
Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir.
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens
Thomasine D. Avery v. Wake County/Health Department
Wake County DepartmerU of Social Senices
Olivia L. Jordan v. Wake County/Department of Social Services
Department of Labor
Michael Robert Smith v. Department of Labor 94 OSP 0610 Nesnow
10/^/95
93 OSP 1547
Gray
03/16/95
95 OSP 0047
West
11/29/95
10:18 NCR 2442
Gray
08^/95
Nesnow
Morrison
Reilly
Chess
94 OSP 0770 West
94 OSP 0826 Gray
94 OSP 0282 Becton
94 OSP 0739 Chess
95 OSP 0700 Reilly
95 OSP 0823*" West
95 OSP 0824*" West
95 OSP 0825*" West
95 OSP 0055
95 OSP 0214*"
95 OSP 0475*^
Reilly
Nesnow
Nesnow
94 0SP1179*« Nesnow
06/09/95
12/04/95
06/12/95
11/28/95
01/24/96
05/24/95
11/15/95
03/09/95
03/01/95
11/28/95
12/20/95
12/20/95
12/20/95
07/18/95
01/19/96
01/19/96
94 OSP 1032**
Nesnow
06/12/95
94 OSP 1072**
Nesnow
06/12/95
94 OSP 1074**
Nesnow
06/12/95
06/12/95
10:01 NCR 48
10:09 NCR 809
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2906
CONTESTED CASE DECISIONS
AGENCY
Lee-Harnett Ana Mental Health, Devtlopmenlal DisatiEtUs, and Substance
Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority
North CaroEna Special Care Center
Lynn Banasiak Bass v. North Carolina Special Care Center
North CaroEna State University
Artelia S. Qark v. N.C. State University
Wesley Brown v. N.C. Stale Univei^ity
David L. Bauer v. North Carolina Stale Univereity
Billy Ray Kelly v. NCSU Physical Plant
Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety
Antoinette Chavis-Scotl v. N.C.S.U. Accounts Payable
Orange-Person-Chatham Mental Health
Patricia A. Harris v. Orange-Person-Chatham Mental Health
Department of PuhEc Instruction
Michael D. Thornton v. Department of Public Instniction & Si Bd of Ed
Department of Revenue
Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division
Richmond Community CoUege
Willie J. Breeden v. Richmond Community College
Department of Transportation
Michael E. Koroegay v. Department of Tran^wrtalion
Robert F. Coins v. Department of Transportation
Esther Doe Murphy v. Department of Transportation
Debra R. Embden v. DOT, Division of Motor Vehicles
Maiy Matthews Finnerty v. Department of Transportation
Lonnie Joseph Cole v. NC DOT (TTl's Boone NQ Div. of Hwys
Judy H. Arnold v. Department of Tranj^>ortation, Div. of Motor Vehicles
Untion County Schools
Carolyn H. Elkins v. Union County Schools
University of North CaroEna
Beth Ann Miller v. UNC Student Health
Roberta Jones v. University of North Carolina-Chapel Hill
Phyllis A. Mack v. Rachelle Cole, Ellen Stanford, Anesthesiology UNC-CH
UNC Hospitals
David Patrick Malone v. Univ. of NC Hospital at Chapel Hill
Lillian C. Daniels v. UNC Hospital 95 OSP 0056
Wake County
Mar^c Morgan v. Wake County
STATE TREASURER
John W. Parris v. Bd. of TrustcesZ/NC Local Gov. Emp. Retirement Sys.
Channic S. Chapman v. Bd/TrusteesZ/NC Local Gov. Emp. Ret Sys.
Bryan L. Basden v. Retirement Systems Division
Wayne La Broad v. Bd.^rustees//TeacherB/St. Emp. Retirement Sys.
CASE
NUMBER
Abuse Authority
94 OSP 0750
95 OSP 0419
95 OSP 0162
95 OSP 0840
95 OSP 0902
95 OSP 0846
95 OSP 0948
94 OSP 0771
Morrison
94 OSP 0937
ALJ
Gray
Ftiipps
West
Morrison
Becton
Gray
ReiUy
Becton
05/11/95
Nesoow
DATE OF
DECISION
03/20/95
08/01/95
PUBLISHED DECISION
REGISTER CITATION
04/11/95
01/22/96
11/03/95
09/13/95
11/03/95
03/14/95
04/28/95
91 DST 1093
Nesnow
05/04/95
94 DST 0443
Morrison
05/15/95
95 OSP 0171
Chess
06/21/95
95 DST 0219
Morrison
07/14/95
i
89 OSP 0612
Nesnow
07/07/95
94 OSP 1173
ReiUy
06/30/95'
10:08 NCR
700
95 OSP 0044
Morrison
04/25/95
95 OSP 0130
West
03/22/95
95 OSP 0213
Phipps
07/06/95
95 OSP 0800
Chess
10/31/95
10:22 NCR 2918
i
93 OSP 1700
Gray
03/24/95
94 OSP 0281
Chess
05/30/95
95 OSP 0114
Gray
07/10/95
95 OSP 0411
Morrison
11/01/95
10:17 NCR 2286
95 OSP 0412
Nesnow
11/02/95
95 OSP 0606
West
10/24/95
95 OSP 1075
Becton
07/31/95
94 OSP 0800
Nesoow
05/25/95
94 OSP 1718
Chess
10/31/95
10:17 NCR 2276
95 OSP 1283
Hiipps
01/17/96
10:04 NCR 287
i
2907
NORTH CAROLINA REGISTER
February 15, 1996 10:22
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER ALJ
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Tanuny Evomie Ashcroft Brownv. Bd/Tr-Z/NC Local Gov. Emp. Ret Sys.
Wilbett Bunch v. Teachera/St. Emp. Retirement Sys, Retirement Sys Div
DEPARTMENT OF TRANSPORTATICW
Maupin Travel, Inc., Anthony W. Maupin v. Dept of Transportation
UNIVERSITY OF NORTH CAROLINA
Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill
Judy Blacknell v. University of NC HoBpitala at Chapel Hill
95 DST 0404 Fhippe
95 DST 1066 Morrison
95 DOT 0818 Chess
95 UNC 05O2 Gray
95 UNC 0865 Chess
07/27/95
01/25/96
12/05/95
09/12/95
12/08/95
10:10 NCR 872
I
I
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2908
CONTESTED CASE DECISIONS
yPATE OF NORTH CAROLINA
COUNTY OF HYDE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
93EHR1285
GEORGE TERRELL,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL
RESOURCES,
RespondenL
RECOMMENDED DECISION
The above entitled matter was heard before Beecher R. Gray, administrative law judge, August 19, 1994. At the
conclusion of the contested case hearing, the parties and the undersigned discussed settlement and achieved an apparent resolution
of the controversy. The undersigned recommended the settlement and agreed to hold the case open pending development and
resolution of some necessary details such as Respondent's identifying areas of environmental concern on Petitioner's property.
Letters from the parties were received in the Office of Administrative Hearings over the ensuing two years, the sum and substance
of which is that die parties have not been able to finalize the settlement agreement. Following a letter from Respondent's counsel
dated October 24, 1995, the undersigned issued an order on November 21, 1995 allowing the parties 30 days to file proposed
decisions. Petitioner responded by letter dated December 21, 1995 and Respondent filed a proposed decision on December 20,
1995.
APPEARANCES
Petitioner: George TerreU, app)earing pro se
Respondent: David G. Heeter
Assistant Attorney General
John Hedrick, Associate Attorney General
ISSUE
Whether Respondent's assessment of a civil penalty of $700 against Petitioner for violations of the Coastal Area
Management Act (CAMA) is supported by the evidence.
FINDINGS OF FACT
1 . The parties received notice of hearing more than fifteen (15) days prior to the hearing and each stipulated on the
record that notice was projjer in all respects.
2. Petitioner is a resident of Hyde County and owns a parcel of improved real estate known as the Engelhard Hotel.
At the time of this contested case hearing, Petitioner was in the process of renovating the old hotel for reopening.
3. The property upon which the Engelhard Hotel is located consists of approximately four acres. It is bounded on
the south side by Far Creek, across which a bridge connects the property with U.S. Highway 264. The west side of the property
is bounded by a State road known as Roper Lane. The northern edge of the property is bounded by a ditch known as Roper Lane
ditch or Roper ditch. The east side property boundaiy is a ditch, the existence of which is central to the issue in this contested case.
A deed made and recorded in March, 1983 in Volume 120, page 608 of the Hyde County Registry, describes the ditch:
. . . bounded on the East or Southeast by the centerline of the ditch that divides the parcel of land being
hereby conveyed from the old Engelhard Hotel lot,. . .
2909
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
4. In approximately 1989, before buying the Engelhard Hotel property. Petitioner called Respondent's telephone
number at its regional office in Washington, North Carolina, 919-946-6481, and asked for someone to review the land for purposes
of identifying any areas of environmental concern, including areas of wetland jurisdiction. A female individual named Allison
Arnold, who apparently was employed by the U.S. Army Corps of Engineers but not employed by Respondent, came out and
reviewed the Engelhard Hotel property with Petitioner.
5. Alhson Arnold did not flag any areas of environmental concern on the property. Two years later. Petitioner
purchased the property.
6. David Moye is a Field Representative for the Division of Coastal Management, a component division of
Respondent. David Moye holds a B.S. Degree in Environmental Biology from East Carolina and had worked for Respondent for
four yeais at the time of this hearing.
7. During December, 1992, David Moye made two site visits to Petitioner's property in Engelhard. The second
visit occurred on December 14, 1992. He discovered that Petitioner had disk harrowed approximately 2,500 square feet of wetlands
along the eastern side of the property. He found that Petitioner had placed sandy clay material over approximately 307 square feet
of wetlands. David Moye also discovered that Petitioner had accomplished rowing and bedding and set out pine seedlings in 2.92
acres of wetlands on the property. The pine seedlings had not survived the wet conditions and had been replaced by various wetland
species of vegetation and ponding water in the rows.
8. David Moye determined that Petitioner's actions with respect to the wetlands on his property constituted major
developnKnt under G.S. 113A-103 (5)a of the Coastal Area Management Act and that he had violated the CAMA by not obtaining
a permit prior to beginning the development. It was also determined by David Moye that Petitioner had violated provisions of the
Dredge and Fill Law, including G.S. 1 13-229(a) because Petitioner did not obtain a fjermit before excavating and filling marshlands
on his property.
9. On December 21, 1992, Petitioner was served with a Notice of Violation informing him that he had violated the
CAMA by excavating and filling within coastal wetlands and had violated the Dredge and Fill Law by excavating and filling
marshlands without a permit.
10. Petitioner signed a restoration agreement with Respondent which required him to remove the 307 square feet of
fill material from the wetlands on which it had been placed and to restore the 2.92 rowed and bedded acres to its original contours
and elevations. Petitioner carried out the restoration plan to the satisfaction of Respondent. He removed the 307 square feet of fill
material and restored 75 percent of the rowed and bedded area. Approximately 25 percent of the area remained too wet to
accomplish restoration.
11. In June, 1993, David Moye visited Petitioner's property to monitor the restoration. At the time of this visit.
Petitioner had a small backhoe tractor straddling the existing eastern prop)erty line ditch. The ditch was heavily vegetated on both
sides and was two to three feet wide. The ditch was observable on that date as a depression running along the eastern boundary
of the property. It was not a water-filled ditch because it had mostly fiUed-in over the years.
12. Petitioner asked David Moye whether he could maintenance excavate the existing ditch. David Moye verbally
gave Petitioner permission to maintenance excavate the ditch. David Moye and Petitioner disagree on the substance of those verbal
authorizations. David Moye contends that he authorized excavation of the ditch beginning at a point just before the ditch reached
Far Creek and continuing along the eastern boundary, following the depression, for approximately 200 feet. David Moye also
contends that he told Petitioner that he could excavate only silt and soupy material in the ditch and not any clay. He contends that
he instructed Petitioner to dig no deeper and no wider than the depth and width of the backhoe bucket, approximately two feet by
two feet. David Moye further remembers that he issued instructions to Petitioner that any spoil material removed could not be
placed onto any wetlands.
13. Petitioner's memory of the maintenance instructions and authorizations issued by David Moye on the site in June,
1993 differ substantially from the recollections of David Moye. None of these instructions, limitations, and authorizations were
reduced to writing by David Moye.
14. When David Moye made his next visit to Petitioner's property on July 8, 1993, he found a larger tracked backhoe
on the site with a larger bucket and found that Petitioner had excavated the ditch along its entire length from Far Creek to Roper
Lane ditch, the eastern boundaiy of Petitioner's property. He contends that Petitioner dug the ditch deeper, longer, and wider than
10:22 NORTH CAROLINA REGISTER February 15, 1996 2910
CONTESTED CASE DECISIONS
authorized and that he placed the spoil material on top of adjacent wetlands. Petitioner contends that he followed David Moye's
instructiOTis exactly and excavated only the original ditch, which existed as a depression, from Far Creek to Roper Lane ditch to
its original depth and width.
15. David Moye testified on rebuttal that the ditch was not an open-water ditch running along the entire eastern
boundary of the property at the time of his visit in June, 1993 and that if it ever had been, that it had naturalized over time. David
Moye based his opinion on the presence of some clay in the spoil and visible clay along the cut bank of the excavated ditch.
16. At the time of David Moye's visit to Petitioner's property in June, 1993, Petiticaier's eastern boundary ditch served
as the eastern jwoperty boundary, consistent with the description ccntained in a deed recorded at Deed Book Volume 120, page 608
of the Hyde County Registry. As of June, 1993, this ditch was not an of)en-water ditch but existed as a partially filled-in and
partially naturalized depression running from Far Creek to Roper Lane ditch.
17. On July 14, 1993, Reqxaident served Petitioner with a Notice of Ccratinuing Violation based upon David Moye's
visit to the property on July 8, 1993. Respondent found Petitioner in violation of the CAMA and Dredge and Fill Law because of
his excavation of the eastern boimdary ditch. The Notice provides, in pertinent pait:
... my onsite inspection revealed that you have continued to violate the CAMA and the State Dredge and Fill Law
by undertaking ditch excavation and filling along your eastem pjroperty line which exceeds the minor maintenance
of an existing section of ditch (-I-/-200') which we discussed. In addition, you have also excavated a new section
of ditch +/- 180' long by +/^' wide ( + /- 720 ft. sq.) through Coastal Wetlands. Both the authorized and
unauthorized excavation have resulted in the filling of -l-/-7,209 ft. sq. ( + /-lang by +1-21' wide) of Coastal
Wetlands, a designated Area of Environmental Concem. You have undertaken excavation and filling far beyond
the scope of anything we discussed and in violation of the permit requirements of both the CAMA and the State
Dredge and Fill Law.
18. Petitioner was requested by Respondent in the Notice of Continuing Violation of July 14, 1993 to restore the
affected areas. Petitioner did so to the satisfaction of Respondent.
19. In a Civil Penalty Assessment document dated September 30, 1993, Respondent assessed a base civil penalty
against Petitioner of $350 for all development and all violations arising from his activities on the Engelhard Hotel property as
premised by Respondent in its Notice of Violation to Petitioner dated July 12, 1993 and its Notice of Continuing Violation to
Petitioner dated December 18, 1992. This base penalty of $350 was doubled to $700 on the grounds that the second violation was
wilful and intentional under N.C. Admin. Code tit. 15A, r. 7J.0409(f)(E) because Petitioner previously had received a Notice of
Violation for undertaking development, rowing, bedding, and placing fill material onto wetlands, without a permit in the Coastal
Wetlands Area of Environmental Concem.
20. Respondent's rules prohibit development in coastal wetlands for nonwater-dependent uses such as drainage ditches.
N.C. Admin. Code tit. 15A, r. 7H. 0205(d) and r. 7H. 0208(a)(1). Since Petitioner could not have gotten a major development
permit, had he applied, Respondent calculated its civil penalty assessment by charging Petitioner the cost of the permit application
($250) plus a $100 fine. This calculation also was predicated on the fact that Petitioner satisfactorily completed restoration of the
affected areas with no permanent, long term, or irreversible impacts on coastal resources.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I make the following Conclusions of Law.
1. The parties are properly before the Office of Administrative Hearings.
2. As a matter of black letter law, Petitioner violated G.S. 1 13A-1 18 of the CAMA prior to December 14, 1992
by undertaking major development in the form of disk harrowing (excavating and filling) approximately 2,500 square feet of coastal
wetlands; filling approximately 307 square feet of wetlands; and rowing and beddmg (excavating and filling) approximately 2.92
acres of coastal wetlands, all without first obtaining a permit from Respondent. Factors in mitigation of this offense include
Petitioner's good faith effort to abide by the law by soliciting a review by a government authority, which he did by calling
Respondent's regional office and obtaining an on-site review by Allison Arnold, an employee of the Army Corps of Engineers.
In addition. Petitioner, at his own expense, accomplished the restoration requested by Respondent to the satisfaction of Respondent
leaving no long term, permanent, or irreversible harm to coastal resources. Although Respondent technically may levy a civil
penalty against Petitioner for this activity, the equities involved and the positive outcome achieved heavily mitigate against such civil
2911 NORTH CAROLINA REGISTER February 15, 1996 10:22
CONTESTED CASE DECISIONS
penalty.
3. Petitioner's maintenance excavation of the ditch constituting his eastern property boundary does not constitute a
violation of the CAMA or of the Dredge and Fill Law as contended by Respondent because Petitioner was acting under color of
authorization by Respondent's Field Representative, David Moye. In this instance, again. Petitioner accompUshed, at his own
expense, restoration of the affected area to die satisfaction of Respondent with no long term, permanent, or irreversible harm to
coastal resources.
With all the power of the State behind it in such a heavily regulated activity and with the likelihood of significant jjenalties
for error or transgression by Petitioner, Respondent's reliance on what the evidence now shows was misunderstood or misconstrued
verbal iristructions is misplaced, the falacy of which should not be visited upon Petitioner alone. The divergent construction of such
verbal instructions and authorizations by the regulated and the regulator is foreseeable. The evidence produced in this contested case
hearing does not support the imposition of a civil penalty against Petitioner for violation of the CAMA and Dredge and Fill Law
by undertaking major development in coastal wetlands without first obtaining the necessary permit.
4. Under the facts and law applicable to this contested case. Respondent has failed to carry the burden of proof by
producing substantial evidence that Petitioner committed the alleged violation(s) of the CAMA and Dredge and Fill Law between
June 23, 1993 and July 8, 1993 by maintenance excavation of his eastem property line ditch without first obtaining a permit.
5. Under the facts and law applicable to this contested case. Respondent has established by substantial evidence that
it technically is entitied to levy a civil penalty against Petitioner for violation(s) of the CAMA and Dredge and Fill Law for activities
engaged in by Petitioner prior to December 14, 1992 on his Engelhard Hotel property. There are however substantial equitable
arguments arising from the evidence which mitigate for reversal of the levied civil penalty.
RECOMMENDED DECISION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Respondent reverse
its earlier levy of a civil penalty of $350, doubled to $700 based on a finding of wilfiil and intentional, against Petitioner for alleged
violations of the CAMA and Dredge and Fill Law occurring prior to December 14, 1992 and between June 23, 1993 and July 8,
1993 as being unsupported by the evidence or outweighed by the equities.
ORDER
It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b).
NOTICE
The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B-
36(a).
The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the
parties' attorney of record and to the Office of Administrative Hearings.
The agency that will make the final decision in tiiis contested case is the North Carolina Department of Environment,
Health, and Natural Resources.
This the 29tii day of January, 1996.
Beecher R. Gray
Administrative Law Judge
10:22 NORTH CAROLINA REGISTER February 15, 1996 2912
CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BV THE OFFICE OF
ADMINISTRATIVE HEARINGS
95 ABC 0995
N.C. ALCOHOUC BEVERAGE CONTROL
COMMISSION
Petitioner,
V.
ENTERTAINMENT GROUP, INC., T/A RED DOGS
Respondent.
RECOMMENDED DECISION
THIS MAl'lLR canK on to be heard before the undersigned administrative law judge on December 14, 1995 in Burgaw,
North Carolina. The Petitioner was present and represented by Fred A. Gregoiy, Assistant Counsel to the North Carolina Alcoholic
Beverage Control Commission. The Respondent was present and represented by William H. Potter, Jr., Attorney at Law.
ISSUES
1 . Did the Reqxjndent allow the licensed premises to be cpen to the general pubUc by failing to limit the use of the
private club to numbers and their guests on or about April 12, 1995 in violation of ABC Commission Rule 4 NCAC 2S. 0107(a)?
2. Did the Respondent violate ABC Commission Rule 4 NCAC 2S. 0232(b) when it offered free or reduced drinks
for less than a full business day on or about April 12, 1995?
3. Does the ABC Commission have statutory authority to adopt Rule 4 NCAC 2S.0232(b)?
BURDEN OF PROOF
The burden of proof in this contested case is upon the Petitioner to show by the greater weight of the evidence that the
Respondent violated the ABC laws and rules.
Based upon the evidence presented at the hearing, the undersigned makes the following:
FINDINGS OF FACT
1.
The Office of Administrative Hearings has jurisdiction to hear this matter and the parties are properly before the
court.
2. Entertainment Group, Inc. T/A Red Dogs ("Red Dogs") has an ABC permit to operate as a mixed beverage
private club. It also has an on-pretnises beer permit and an on-premises unfortified wine f>ermit.
3. On April 12, 1995 at approximately 9:00 p.m.. Alcohol Law Enforcement Agent Kelton W. Brown entered Red
Dogs. Upon entering, four people were at the entrance. One adced to see his driver's license and then stamped his hand. Another
told him the fee was $2.00 to get in and Agent Brown paid it. He was then told he needed to "sign in. " He saw a notepad with
"Members" written at the top on the left side and "Guests" written at the top on the right side. Agent Brown signed in under the
"Members" column as "K.W. Brown." He then went in to the bar. Agent Brown is not a member of Red Dogs.
4. While Agent Brown was in Red Dogs, he observed that patrons were going to the bar and jX)uring beer without
paying for it. Agent Brown went to the bar, asked the bartender for a cup which he was given, pwured himself a drink, and went
back to his seat without paying. He did this on two other occasions. At 10: 15 p.m. , someone announced through a sound system
that someone had gone to the bathroom so the free beer was over. After that, patrons had to pay for beer. Red Dogs was having
a "drink until you pee" promotion during which the patrons were given free beer until someone had to go to the restroom. Masking
tape had been placed across the bathroom door.
2913
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
5. Agent Brown left Red Dogs and went across the parking lot to cover agent Burnis Wilkins and explained to him
what had occurred when he entered Red Dogs. Agent Wilkins then went into Red Dogs and advised the manager, Rick Porter, of
the violations that had occurred. Mr. Porter told Agent Wilkins that the owner, Charles Maultsby, advised him to continue the
"drink until you pee" contest despite earlier warnings. Red EXsgs had already received a written warning for the same "happy hour"
violation on March 31, 1995.
Based upon the foregoing findings of fact, the undersigned makes the following:
CONCLUSIONS OF LAW
L The Office of Administrative Hearings has jurisdiction over the parties and the subject matter.
2. A private club shall not be ojsen to the general public but shall be limited to members of the private club and their
guests. 4 NCAC 2S. 0107(a). The ResjxDndent violated this rule by allowing Agent Brown to enter the premises even though he
was not a member of the club. This is also a violation of 4 NCAC 2S.0234(a)(l).
3. An on-premise permittee shall not give away a drink nor sell one at a lower price than the usual or established
price charged for the drink for any period of time less than one full business day. 4 NCAC 2S. 0232(b). The Respondent violated
this rule by serving free beer to its patrons for less than the full business day.
4. However, the Alcoholic Beverage Control Commission exceeded its statutory authority by adopting 4 NCAC
2S.0232 regulating "happy hours" and the pricing of alcoholic beverages. G.S. 18B-207 provides the ABC Commission with the
general authority to adopt rules "to carry out the provisions of this Chapter. " The legislature has not directed the ABC Commission
to regulate "happy hours" or the pricing of alcoholic beverages in a private club. Compare G.S. 18B-203(a)(3) where the ABC
Commission is given the specific authority to set the prices of alcoholic beverages sold in local ABC stores.
Although in G.S. 18B-203(b), the ABC Commission does have imphed powers which may be incidental to, or
convenient for, performing the duties given to the Commission, the law does not provide for the regulation of "happy hours" or the
pricing of alcoholic beverages in private clubs as one of those duties. G.S. 150B-19 provides that an agency may not adopt a rule
that implements a law unless that law or another law specifically authorizes the agency to do so. Therefore, the ABC Commission
has exceeded its statutory authority in violation of G.S. 150B-23(a)(l) by adopting and applying 4 NCAC 2S.0232.
Based upon the foregoing findings of fact and conclusions of law, the undersigned makes the following:
RECOMMENDED DECISION
The Respondent should be fined for the violation of 4 NCAC 2S. 0107(b) in an amount to the determined by the ABC
Commission. The Respondent should not be penalized for the violation of 4 NCAC 2S. 0232(b) because the ABC Commission did
not have statutory authority to regulate "happy hours" or the price of alcoholic beverages sold in private clubs. The Petitioner should
ask the General Assembly to amend G.S. 18B-203(a) to provide the ABC Commission with the authority to regulate "happy hours"
or the pricing of alcoholic beverages in private clubs should it so choose.
ORDER
It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO Drawer
27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Stattite 150B-36(b).
NOTICE
The agency making the final decision in this contested case is recpjired to give each party an opportunity to file exceptions
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 150B-
36(a).
The agency is recpiired by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the
parties' attorney of record and to the Office of Administrative Hearings.
The agency that will make the final decision in this contested case is the North Carolina Alcoholic Beverage Control
10:22 NORTH CAROLINA REGISTER February 15, 1996 2914
CONTESTED CASE DECISIONS
Commission.
This the 31st day of January, 1996.
Meg Scott Phipps
Administrative Law Judge
i
{
i
2915
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
STATE OF NORTH CAROLINA
COUNTY OF SWAIN
IN THE OFFICE OF
ADMINiyrRATIVE HEARINGS
95CSE0388
BENJAMIN F. GROENEWOLD,
Petitioner,
N.C. DEPARTMENT OF HUMAN RESOURCES
DIVISION OF SOCIAL SERVICES CHILD
SUPPORT ENFORCEMENT SECTION
Respondent.
RECOMMENDED DECISION
ENTRY OF SUMMARY
JUDGMENT FOR RESPONDENT
A Petition for a contested case hearing was filed in the North Carolina Office of Administrative Hearings on April 7, 1995.
The Petitioner alleged that during the period when arrears accrued, he was under the impression that if visitation rights were being
denied he did not have to make child support payments. A Notice of Contested Case and Assignment and an Order for Prehearing
StatetTKnts were filed on April 28, 1995. The Respondent filed Respondent's Motion for Summary Judgment on May 26, 1995.
The Petitioner filed Petitioner's Motion for Summary Judgment and Response to Respondent's Motion for Summary Judgment on
July 3, 1995. The ResjKDndent file Resfxandent's RespxDnse to Petitioner's Motion for Summary Judgment on August 30, 1995.
On September 15, 1995 the Petitioner filed Petitioner's Reply Brief
ISSUE
Should summary judgment be entered in favor of the Respondent?
DISCUSSION
The Petitioner argues that the Respondent cannot intercept his state tax refund to collect past due support for children who
are no longer minors.
The Court of Appeals in Griffith v. Griffith , 38 N.C. App. 25, 247 S.E.2d 30, disc, review denied , 296 N.C. 106, 249
S.E.2d 804 (1978) found that even though the emancipation of a child ends a parent's support obligation, "the court nevertheless
continues to have authority to compel a parent to provide that support due before emancipation. " Griffith further states, "[tlhe fact
that a child becomes eighteen years of age does not prevent the parent having custody from having the past due payments which
accrued while the child was a minor reduced to judgment." Therefore, the age argument is irrelevant in this matter.
The Petitioner fijrther argues that the arrears are over ten years old and that the Statute of Limitations renders the arrears
uncollectible.
As set out in N.C. Gen. Stat. § 1-47, the Statute of Limitarions bars an action not brought within ten years of a judgment
or decree. N.C. Gen. Stat. § 1-2 defines "action" as "an ordinary proceeding in a court of justice." The question then is whether
an administrative agency is a "court of justice" for the purposes of the statute of Umitation. The North Carolina Supreme Court
addressed this issue m Ocean Hill Joint Venture v. N.C. Dept. of E.H.N.R. . 333 N.C. 318, 426 S.E.2d 274 (1993) when it wrote,
"the grant of limited judicial authority to an administrative agency does not transform the agency into a court for purposes of the
statute of limitations. " Therefore, since all matters before the Office of Administrative Hearings are administrative, the statute of
limitarions does not apply and this argument is without merit.
Petitioner also argues that per N.C. Gen. Stat. §105A-2(l)(d), Resjxjndent can intercept State income tax reftinds only as
enabled by federal law, and federal law does not provide for interceprion of State tax reftinds where support is owed on behalf of
a non-minor child. This argument is also without merit; while support is currently owed on children who are no longer minors,
aU of the supjxjrt (and arrears) owed by Petirioner accrued prior to the children reaching the age of majority. Support owed prior
to a child reaching the age of majority is overdue support as defined by 45 CFR § 303. 102(a).
The Notice of Intent to Intercept Tax Refimd and Statement of Account alleged that the Peririoner owed $6,865.00 in Non-
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2916
CONTESTED CASE DECISIONS
AFDC as of July 1, 1994. A Consent Judgment was entered on February 18, 1978 in Swain County, North Carolina ordering the
Petitioner to pay $50.00 per week beginning February 18, 1978. A Consent Order was entered May 14, 1982 ordering the
Petitioner to pay $60.00 per month current support and $20.00 per mcmth towards an arrearage of $10, 145.00. Petitioner's youngest
child reached the age of eighteen on June 6, 1990. The total amount of current support and arrears which was due as of July 1,
1994 is $16,025.00.
Based on the certified records filed wifli the Motion, the Petiticmer paid a total of $9,000.00 from April 1982 through June
1994, plus his 1988 taxes were intercepted in the amount of $459.20.
Therefore, the Petitioner owed $6,565.80 (the amount due minus the amount jjaid) as of July 1, 1994. This amount
represents the balance of support and arrears owed prior to each child's eighteenth birthday.
SUMMARY .JUDGMENT
IT IS THEREFORE, recommended that summary judgment under Rule 56, Rules of Civil Procedure (applicable to
contested cases under 26 NCAC 03 .0101(1)), be entered in favor of Respondent because there is no genuine issue as to any material
fact and, as a matter of law, the Respondent is entitled to intercept and offset Petitioner's income tax refund in any amount
$6,565.80, the amount estabhshed by the Clerk of Court's records.
MEMORANDUM
To argue that the State cannot enforce support orders for support owed prior to a child reaching the age of majority but
scheduled to be paid after a child reaches the age of majority brings into question district courts giving non-custodial parents
favorable payment schedules for their arrears. It is noted that in this case, the arrears, at the date of the May 14, 1982 Order, would
not be retired for over forty-two years .
ORDER
It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O.
Ehawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes 150B-36(b).
NOTICE
The final decLsicm in this contested case shall be made by the Department of Human Resources. Each party has the right
to file exceptions to the recommended decision and to present written arguments on the decision to the Department.
The agency is required by G.S. 150B-36(b) to serve a copy of the final decision upon each party personally or by certified
mail and to furnish a copy to each attorney of record and the Office of Administrative Hearings .
This the 19th day of January, 1996.
Thomas R. West
Administrative Law Judge
2917
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CONTESTED CASE DECISIONS
I
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
95OSP0840
MICHAEL D. THORNTON,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF PtfBUC
INSTRUCTION AND STATE BOARD OF
EDUCATION,
Respondent.
RECOMMENDED DECISION
This matter was heard before Fred G. Morrison Jr., Senior Administrative Law Judge, Office of Administrative Hearings,
on October 30 and 31, 1995, in Raleigh, North Carolina. Petitioner initiated this case on July 25, 1995, when he filed a petition
with the Office of Administrative Hearings complaining that "Respondent has without just cause and discriminatorily transferred,
demoted and denied him from the position of Director, Office of Personnel Management. " Following the hearing, the parties filed
proposed decisions.
APPEARANCES
For Petitioner:
I
For Respondents:
Marvin Schiller
UCB Plaza, Suite 220
3605 Glenwood Avenue
Raleigh, N.C. 27612
Edwin M. Speas, Jr.
Senior Deputy Attorney General
Barbara A. Shaw
Assistant Attorney General
N. C. Department of Justice
P. O. Box 629
Raleigh, N.C. 27602
ISSUE
Did the State Board of Education and the North Carolina Department of Public Instruction act erroneously or unlawfiilly
discriminate against Petitioner on the basis of his handicap when Petitioner was not selected for the pxjsition of Director, Office of
Personnel Relations, in the course of implementing a reorganization and downsizing of the Department of Public Instruction
mandated by the General Assembly?
STATUTES & RULES INVOLVED
I
N.C. Gen. Stat. § 126-5(c)(3)
N.C. Gen. Stat., Chapter 115C
House Bill 7 (1995 N.C. Sess. Laws ch. 72)
Senate Bill 16 (1995 N.C. Sess. Laws. ch. 6)
House Bill 229 (1995 N.C. Sess. Laws ch. 324, sec. 17.5, sec. 28.5)
25 NCAC ID .0504
OPINION OF THE ADMINISTRATIVE LAW .JUDGE
Based on competent evidence admitted at the hearing, the stipulations of the parties, matters about which this agency might
take judicial notice, the pleadings and discovery conducted by the parties, the Administrative Law Judge makes the following:
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2918
CONTESTED CASE DECISIONS
FINDINGS OF FACT
1. On March 9, 1995, the General Assembly enacted Chapter 6 of the 1995 Session Laws which directed the State Board
to develop a plan for reducing, eliminating and/or reorganizing the Department of Public Instruction, and which required that the
plan have as a goal a decrease of at least 50% in the number of employee positions assigned to DPI and a decrease of at least 50%
in DPI's budget by Januaiy 1, 1996. This legislation further directed the State Board to present a preliminaiy plan to the General
Assembly for reducing, reorganizing or eliminating DPI by March 31, 1995, and a final plan by May 1, 1995.
2. Knowing that bUls had been introduced in the General Assembly which provided that the State Board would be obligated
to reorganize and reduce DPI, the State Board began preparation of a plan in January of 1995.
3. The State Board received consultation and assistance from Curtis Clark, Deputy State Controller, who had previously
managed the Government Performance Audit Commission Report in 1992. The State Board also received assistance and advice
from the State Budget Office in planning for the downsizing and reorganization of DPI.
4. The State Board held weekly public meetings from January through March or early April of 1995 to plan for the
downsizing and reorganization.
5. The State Board received and considered substantial oral and written input from local superintendents of public school
systems, professional education organizations and associations, the staff and management of DPI, and various other interested citizens
in planning for the downsizing and reorganization of DPI.
6. On May 1, 1995, the State Board presented a plan to the General Assembly for reorganizing DPI and reducing its size and
budget by approximately 50%. The plan was titled "The New ABC's of Public Education: Accountability, Curriculum Basics, Local
Control and Flexibility, Reorganization Study, Department of Pubic Instruction." On June 26, 1995, the General Assembly enacted
Section 17.5, Chapter 324 of the 1995 Session Laws which directed the State Board to implement its plan, "Notwithstanding G.S.
143-23 or any other provision of law. ..."
7. Anticipating the enactment of Section 17.5 of Chapter 324, the State Board, on May 31, 1995, adopted a plan for selecting
the members of DPI's staff of approximately 722 employees who would fill the approximately 485 positions in the newly reorganized
and downsized DPI. An official copy of the plan, titled "State Board of Educarion Plan for Implementing a Reduction in the Size
of the Department of Public Instruction," was filed with the Director of the Office of State Personnel on June 2, 1995.
8. On June 27, 1995, the State Board amended its "Plan for Implementing a Reduction in the Size of the Department of Public
Instruction."
9. On July 6, 1995, the amended plan was filed with the Director of the Office of State Personnel.
10. The State Board carried out a lengthy, systematic, and thorough study in planning for the reorganization and downsizing
of DPI.
11. In accordance with its plan for reorganization and reduction, the State Board, in consultation with the State Superintendent,
first appointed three Associate Superintendents to head the three principal areas in the reorganized DPI.
12. The State Board's reduction plan stated that the three Associate SujDerintendents would immediately begin work with the
State Superintendent to identiiy persons to recommend to the State Board for appointment to serve as directors of the 14 divisions.
13. The State Board's reduction plan further provided that the director f)ositions would be advertised to all DPI employees,
employees would have ten calendar days to apply for a position by submitting a written application to the State Superintendent, the
applications would be reviewed by the Associate Superintendents to determine the candidates they would recommend, the Associate
Superintendents would jiresent their recommendations to the State Sujjerintendent, the State Superintendent in consultation with the
Associate Superintendents would determine the candidates who should be recommended to the State Board, the State Superintendent
would recommend the person to fill these positions, and the State Board would decide who to appoint to fill these positions.
14. The State Board's reduction plan ftirther stated that immediately upon appointment the division directors would begin work
with the Associate Superintendents and State Sujjerintendent to identify persons to recommend to the State Board for appointment
to all other positions in the reorganized DPI.
2919 NORTH CAROLINA REGISTER February 15, 1996 10:22
CONTESTED CASE DECISIONS
15. On May 31, 1995, James O. Barber was appwinted by the State Board to be the Associate Superintendent of Financial and
Personnel Services. In that position, his job responsibilities include supervising approximately 199 employees in the personnel and
financial areas and auxiliary areas such as transportation, public school insurance, school planning, child nutrition and internal
operations. In addition, he supervises the public school budget and the human resource area for public school administrators and
teachers.
16. Barber graduated from Colgate University in 1968, Phi Beta Kappa, with a major in Economics. He served four years
in the Navy, including a year in Vietnam. He received a Masters Degree in Business Administration from Harvard University in
1974. He was then employed for two years with an international economic development consulting company. He served for seven
years as a planning coordinator in the Governor's Budget Office in Georgia. In 1983, he began working for the North Carolina
State Board of Education and has been employed with the State Board or DPI since 1983. Immediately prior to his appointment
as Associate Superintendent, Barber was employed as the Assistant Superintendent for Financial and Personnel Services.
17. Mr. Barber's position is an exempt policy-making position.
18. At its meeting of May 31 and June 1 , the State Board directed Barber to begin the selection process for the directors under
his supervision.
19. One of these division directors was the Director, Office of Personnel Relations. This director position was incorporated
in the organization chart which was approved by the General Assembly as part of the State Board's reorganization plan.
20. All division director positions, including the pxjsition at issue in this contested case, were exempt policy-making positions.
21. The position of Director of the Office of Personnel Relations was advertised to all DPI employees on June 9, 1995.
22. The advertisement stated, in pertinent part, that the "primary duties of the Personnel Director position includes managing
the fijll range of personnel services provided to agency management and staff. " The State Board was seeking a senior manager,
not a technician.
23. Barber made several employees in DPI aware of the job advertisement, including Clarence Willie, two white males, and
one white female. He did not mention the pasting to Petitioner because he assumed Petitioner would apply for the job.
24. Five persons, including Petitioner and Clarence Willie, applied for the position.
25. Mr. Barber reviewed the applications submitted by the five applicants.
26. Barber also requested that the applicants submit written responses to a set of questions he prepared, which were the
questions he would have asked in an oral interview.
27. Barber did not conduct oral interviews with the applicants, because it was his judgment that having the applicants respond
in writing would allow for more coherent responses.
28. Barber asked Linda Suggs, an employee of DPI who did not apply for the position of Personnel Director, to complete
written responses to the written questions he posed to the applicants. He asked Suggs to do this because she had significant personnel
experience. Barber used the written responses provided to him by Linda Suggs as guidance in deciding who to recommend for
the position of Personnel Director.
29. Barber read the written responses submitted by the applicants several times before making a recommendation to the State
Superintendent.
30. Prior to the application process. Barber had personal knowledge of and experience with the candidates. He knew their
performance capabilities.
31. Barber had known Petitioner since 1987 and Clarence Willie for one year while they were employed at DPI.
32. Willie had been employed for one year in one of the sections under Barber's supervision pnior to the reorganization. Barber
was familiar with Willie's resume prior to making his recommendation to the State Superintendent.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2920
CONTESTED CASE DECISIONS
33. At the time Barber made his recommendation, he knew Petitioner had a visual impairment.
34. At tiie tinK Barber made his recommendation, he beUeved that Petitioner had been effective as a technical administrator
of personnel jxjUcies.
35. Barber testified that he was looking for qualifications that were much broader than the specific knowledge of the technical
aspects of personnel administration.
36. Barber requested input fixDm Reeves McGlohon, Assistant Superintendent for Personnel with the Gaston County School
system, concerning the role of the Personnel Director in the wake of the reorganization. Barber asked McGlohon because McGlohon
had previously been in charge of personnel at DPI. Barber received and considered McGlohon's input concerning the role of the
Personnel Director in the context of a major reorganization.
37. In making his recommendation Barber first considered the purpose and role of the position in the reorganized and
downsized DPI. Based upwn the substance of the reorganization plan, his discussion with Dr. Robinson, written input irom
McGlohon and his own knowledge, he determined the purpose and role was to provide new leadership at the senior management
level. The responsibilities of the new position were more important and broader than Petitioner's past responsibUities, because
previously the Chief Consultant over Personnel or Personnel EHrector had not been a part of senior management.
38. Barber then considered the appUcations, written responses of the candidates and his own knowledge to determine which
candidate would best fiilfiU the new purpose and role of the position as measured by the criterion adopted by the State Board for
filhng each position in the reorganized Department: "training, skills, experience, jsast {Derformance, potential performance, attributes
related to the duties of the position, and length of service."
39. Barber recommended Willie because of his extensive experience in management and leadership roles both in the mihtary
and as a professional administrator and educator in the public schools, his demonstrated success in recruitment both in the mihtary
and in the "Troops to Teachers" program, his insight into the importance of employee relations and morale in an agency, his
potential to lead the office of Personnel Relations and his educational background.
40. Barber thought that Willie's experience in the pubUc schools and particularly in the recnuting area in the "Troops to
Teachers" program would make him an excellent person to help attract and retain high quaUty professional educators. Barber
believed that DPI had a problem in recent years with retaining talented professional educators.
41. Barber's motivation in recommending WilUe (and not Petitioner) was also based on his personal exjierience with the
personnel section which was that it had sometimes failed to promote the general well-being of the employees, was simply an
administrative office processing personnel actions, and he did not perceive that it had an effective role in promoting employee
morale.
42. Barber testified that prior to the reorganization of DPI, there were problems with employee morale, problems with
confidential personnel information maintained by the personnel section being leaked inappropriately, and problems with coordination
of information from the personnel area to the budget area. He took these problems into account in choosing which appUcant to
recommend.
43. Barber's testimony concerning problems with coordination of information from the personnel section to the budget section
was corroborated by Patricia LaBarbera who supervised the budget area. She had also conferred with Pistitioner about errors in entiy
rates.
44. Barber's testimony concerning the Board's desire to end jjerceived "poUtical favoritism" as a basis for personnel actions
was corroborated by Dr. Robinson, Chairman of the State Board. He testified that on or about June 1, 1995, he told Associate
Superintendent Barber that in regard to the reorganization, the State Board was concerned about the personnel area. Specifically,
he told Barber he thought there was a perception that favoritism was the basis for employment with DPI rather than qualifications;
and that in the fiiture, quahfications and not connections were to be determinative in hiring. Full responsibihty was delegated to
the three Associate Superintendents.
45. Barber went through a deUberative process in seeking input from a number of jsersons concerning the importance of the
personnel role in the context of a reorganization, in seeking input from Linda Suggs, in weighing the answers of the candidates to
written questions, and in relying on his personal experience and knowledge of the candidates and how the personnel function had
been handled in the past.
2921 NORTH CAROLINA REGISTER February 15, 1996 10:22
CONTESTED CASE DECISIONS
Willie's Background and Qualifications
46. Clarence Willie served 22 years in the United States Marine Corps. He retired from the military on July 1, 1991, as a
Lieutenant Colonel. He last served as Assistant Chief of Staff for Telecommunications and Information Systems of the Marine Corps
Air Station at Cherry Point.
47. During his irulitaiy career, he was a commanding officer of various units. At different times, he had from thirty to four
hundred persons working for him. As commanding officer, he was responsible for the work activities and the individual welfare
of those in his unit, including pay matters and family benefits. He also served as a recruitment officer, during which time he
exceeded his quota for recruitment, and his office was rated second best in the nation.
48. After retiring from the military, Willie pursued his career in educational leadership. As a principal, Willie supervised
approximately 30 to 40 employees. He was responsible for hiring, evaluating, and disciplining the educators and staff working at
the school as well as approving their leave and answering questions about leave and other benefits.
49. Although Willie has never been a personnel director or personnel technician in state government, he had significant and
substantial experience in f)ersonnel and human resource management during his career in the military and as a public school
principal.
50. Willie has an undergraduate degree from FayettevUle State University, a Masters of Education Degree from Boston
University with a concentration in counseling and human services, and an Educational Specialist Etegree from East Carolina
University (ECU). He is currently enrolled in a doctoral program in educational leadership at ECU.
51. Willie began working for DPI during June of 1994 as an Education Consultant, pay grade 75, with a salary of $48,000.00.
52. He served for one year as an Education Consultant prior to being selected as Persormel Director. As an Education
Consultant, he wrote a grant to secure funding for the "Troops to Teachers" program. He managed the program and placed 60
former military personnel into teaching positions throughout North Carolina.
53. Willie is quahfied to lead and manage the Office of Personnel Relations and appreciates having Petitioner as a member of
his team.
54. Willie has replaced Ray Goodman as Petitioner's superior.
55. Willie was competent and credible in his testimony and projected an excellent demeanor.
56. Willie is African-American.
Petitioner's Background and Qualifications
57. Petitioner has an undergraduate degree from Wake Forest University in Political Science and a Masters Degree from the
University of North Carolina at Greensboro in Public Administration with a concentration in personnel relations.
58. Petitioner has 17 years of continuous experience in state government, all in personnel work.
59. From 1978 to 1982, Petitioner worked in personnel with the Department of Labor. His responsibilities included
recruitment, advertising position vacancies, classification, position management, salary administration, and equal employment
opportunity matters. From 1982 imtil 1984, he worked as a Personnel Analyst I with the Department of Human Resources. His
responsibilities included classification and position management and serving as the assistant personnel director. From July 1984
until July 1987, he worked as a Personnel Analyst U with the Office of State Personnel. His resp)onsibilities included classification
and position management for sixteen universities and all state agencies in the area of computing and data processing.
60. Petitioner began employment with DPI on July 8, 1987, as a Personnel Analyst HI.
61. Petitioner testified that in May 1993, he became Personnel Director for DPI. He was selected for the position by Ray
Goodman and met with him daily except Mondays.
10:22 NORTH CAROLINA REGISTER February 15, 1996 2922
CONTESTED CASE DECISIONS
62. During the entire time that Petitioner was Director or Chief Consultant, Personnel Management Section, his supervisor
was Ray Goodman, Director of the Division of Internal Operations at DPI.
63. Goodman's signature was required before anyone could be hired at DPI, during the time that Petitioner was head of the
Personnel Section.
64. Goodman was intimately involved with the personnel area, and all major to moderate changes in policy had to be approved
by him before being implemented.
65. Petitioner's position of Director or Chief Consultant, Personnel Management Section, was not an exempt pwUcy-making
position, and he has never served in an exempt position.
66. During the time period that Petitioner served as Director or Chief Consultant, Personnel Management Section, the jx)licy-
making upper level management of DPI was known as the Senior Cabinet. The Senior Cabinet was composed of four Assistant
Sujjerintendents, the Deputy Superintendent, the Superintendent and three Division Directors.
67. Petitioner was never a member of the Senior Cabinet at DPI.
68. Ray Goodman served on the Senior Cabinet during the time period that he supervised Petitioner. Goodman is no longer
employed at DPI.
69. Petitioner has extensive experience and expertise in the state personnel field and during his career with the State of North
Carolina has always received performance evaluations of either "Veiy Good" or "Exceeds Expectations" and "Outstanding" which
are the highest levels of performance which can be achieved by a state employee.
70. Petitioner is knowledgeable about the details and the practical working operation of the State Personnel Manual, and the
statutes and regulations of the State of North Carolina which are applicable to the personnel field.
71. Petitioner is legally blind and is a handicapped person within the meaning of N.C. Gen. Stat. § 126-16 and 126-36 as
defined by N.C. Gen. Stat. § I68A-3.
Superintendent's Role and State Board A pproval
72. Barber recommended Clarence Willie to the State Superintendent for the position of Director, Office of Personnel Relations.
73. Barber and two other Associate Superintendents made recommendations to the State Superintendent as to who should be
appointed to the other 13 director positions.
74. The State Superintendent raised a concern with one of the recommendations, other than the Director of Personnel Relations,
and this recommendation was changed due to the State Superintendent's objection to this candidate. This change was made prior
to the recommendation for the director p)ositions being presented to the State Board by the State Superintendent.
75. The State Superintendent did not raise any objection to the recommendation of Clarence WilUe by James Barber.
76. In a June 27 meeting with the State Board members and the three Associate Superintendents, the State Superintendent
presented the names of the recommended candidates for the 14 director positions, including Clarence Willie, to the State Board.
Petitioner testified that he did not believe that the State Superintendent discriminated against him on the basis of his handicap. He
further testified that he has never heard any of Respondents" officials make any comment, joke, or slur concerning his handicap.
77. The Associate Superintendents had reviewed every individual they recomnKnded, including their backgrounds, qualifications
and reasons for hiring them. Barber told the State Board of Willie's strong background in management and leadership.
78. The State Board approved the recommendation of Clarence Willie and appointed him to be Personnel IMrector in the
reorganized department.
79. Jim Barber, the State Superintendent, and the State Board properly followed the Board's plan in their decision-making
process which resulted in the selection of Clarence Willie.
2923 NORTH CAROLINA REGISTER February 15, 1996 10:22
CONTESTED CASE DECISIONS
80. After Petitioner was notified that he was not selected as Personnel Director, he applied for and was employed in another
position as Personnel Analyst HI. Barber recommended Petitioner for this job and the State Board approved the appointment.
81. Petitioner's current salary is $50,918.00 for essentially the same duties he previously pterformed. He has suffered no loss
of pay as a result of the Board's reorganization, but his pay grade has been reduced firom 78 to 74. The Board's plan provides that
"positions may be modified from time to time as conditions warrant. "
82. Petitioner's handicap did not affect his ability to testify in a competent and credible manner at the hearing. There was no
evidence that he has been unable to capably perform his duties due to his visual handicap.
Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following:
CONCLUSIONS OF LAW
L Michael D. Thornton, Petitioner, was a career State employee with Respondent at the time of his application for the
position of Personnel Director. Because Petitioner has alleged illegal discrimination because of his handicap as the basis for not
being appointed, the Office of Administrative Hearings has jurisdiction to hear the matter and submit a recommendation to the State
Personnel Commission which shall make the final decision in this case. N.C. Gen. Stat. §§ 126-16, 126-36, 126-37, 126-39, and
150B-23 etseq..
2. Where discrimination is an issue, Petitioner bears the ultimate burden of proof and must establish a prima facie case of
discrimination by proving sufficient fects in order to raise an inference of discrimination. In his effort to establish a prima facie case
of discrimination. Petitioner proved that he was a member of a protected class when he sought the position; that he was denied
appointment to a position for which he was qualified; that the person selected for the position had fewer years of State service; and
that Petitioner had more years of experience in personnel and at DPI than the successful applicant. Thus, Petitioner has established
a prima facie case of illegal discrimination on the basis of his handicap.
3. Respondent, on the other hand, has given legitimate, non-discriminatory reasons for its decision to appoint Clarence Willie
rather than the Petitioner. Tim Barber's given reasons were that Clarence WiUie would best provide the leadership and management
skills necessary at a senior policy-making level for the reorganized Department of Public Instruction.
4. Respondent, having given legitimate, non-discriminatory reasons for its decision, the burden is upon Petitioner to prove
that such reasons were merely a pretext for illegal discrimination. In this respect. Petitioner has not convinced me that Jim Barber's
reasons were fabricated or that his reasons were not worthy of credence. Barber had been at DPI for twelve years when this
decision was made. He knew the performance capabilities of Willie and Petitioner. Personnel was one of the areas under his
authority and he chose the person deemed best suited for the position. It is not unusual that Barber, a Navy veteran, would want
a retired Marine Corps Colonel under his command.
5. Petitioner was not the victim of intentional discrimination on the basis of his handicap. This conclusion is based upon my
hearing the testimony, observing the witnesses, listening to the arguments of counsel, reading the transcript, considering the parties'
proposed findings and applicable case law, as well as prior decisions of the State Personnel Commission.
6. No just cause or sufficient reason was given for retaining Petitioner at the same salary while reducing his pay grade from
78 to 74. Petitioner's experience can be invaluable to Barber and Willie during the continuing reorganization. An increase to pay
grade 78 would be m accord with Barber's desire to bolster employee morale. Conditions warrant this modification.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge makes the following:
RECOMMENDED DECISION
It is recommended that the State Board's decision to appoint Clarence Willie be left undisturbed, but that Petitioner's pay
grade be increased from 74 to 78.
ORDER
It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative Hearings, P. O.
Drawer 27447, Raleigh, NC 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(t).
10:22 NORTH CAROLINA REGISTER February 15, 1996 2924
CONTESTED CASE DECISIONS
NOTICE
The agency making the final decisicm in this ccmtested case is required to give each party an opportunity to file exceptions
to this ReconmKnded Decisicm, and to present written arguments to those in the agency who will make the Final Decision. G.S.
150B-36(a).
The agency is required by G.S. 150B-36(l3) to serve a copy of the Final Decision on all parties and to fiimish a copy to
the parties' attorney of record and to the Office of Administrative Hearings .
The agency that will make the final decision in this contested case is the State Personnel Commission.
This the 22nd day of January, 1996.
i
Fred G. Morrison Jr.
Senior Administrative Law Judge
i
i
2925
NORTH CAROLINA REGISTER
February 15, 1996
10:22
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions
to be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMEVISTRATTVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
Administration
Acupuncture
1
2
Agriculture
Architecture
2
3
Auditor
Auctioneers
4
4
Commerce
Barber Examiners
6
5
Correction
Certified Pubhc Accountant Examiners
8
6
Council of State
Chiropractic Examiners
10
7
Cultural Resources
General Contractors
12
8
Elections
Cosmetic Art Examiners
14
9
Governor
Dental Examiners
16
10
Human Resources
Dietetics/Nutrition
17
11
Insurance
Electrical Contractors
18
12
Justice
Electrolysis
19
13
Labor
Foresters
20
14A
Crime Control & Public Safety
Geologists
21
15A
Environment, Health, and Natural
Hearing Aid Dealers and Fitters
22
Resources
Landscape Architects
26
16
F*ubbc Education
Landscape Contractors
28
17
Revenue
Marital and Family Therapy
31
18
Secretary of State
Medical Examiners
32
19A
Transportation
Midwifery Joint Committee
33
20
Treasurer
Mortuary Science
34
*21
Occupational Licensing Boards
Nursing
36
22
Administrative Procedures
Nursing Home Administrators
37
23
Community Colleges
Occupational Therapists
38
24
Independent Agencies
Opticians
40
25
State Personnel
Optometry
42
26
Administrative Hearings
Osteopathic Examination & Reg. (Repealed)
44
27
NC State Bar
Pastoral Counselors, Fee-Based Practicing
45
Pharmacy
46
Physical Therapy Examiners
48
Plumbing, Heating & Fire Sprinkler Contractors
50
Podiatry Examiners
52
Professional Counselors
53
Practicing Psychologists
54
Professional Engineers & Land Surveyors
56
Real Estate Appraisal Board
57
Real Estate Commission
58
Refrigeration Examiners
60
Sanitarian Examiners
62
Social Work Certification
63
Soil Scientists
69
Speech & Language Pathologists & Audiologists
64
Substance Abuse Professionals
68
Therapeutic Recreation Certification
65
Veterinary Medical Board
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2926
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
ACUPUNCTURE LICENSING BOARD
21
NCAC 01 .0101
10:02 NCR 150
07/01/95
.0201
10:07 NCR 585
10/01/95
.0301
10:22 NCR 2860
.0401 -
.0402
10:02 NCR 150
07/01/95
.0501
10:07 NCR 585
10/01/95
.0701
10:07 NCR 585
10/01/95
.0702-
.0704
10:16 NCR 2027
02/01/96
.0705
10:17 NCR 2228
.0705
10:22 NCR 2834
08/01/96
.0706-
.0707
10:16 NCR 2027
02701/96
.0709
10:17 NCR 2228
.0709
10:22 NCR 2834
08/01/96
.0710-
.0711
10:16 NCR 2027
02/01/96
\Df
1
^ONISTRATION
NCAC 05 A .0001 -
.0002
10:16 NCR 1651
02/01/96
.0004
10:16 NCR 1651
02/01/96
.0009-
.0010
10:16 NCR 1651
02/01/96
.0012
10:16 NCR 1651
02/01/96
05B .0101 -
.0103
10:16 NCR 1651
02/01/96
.0201
10:16 NCR 1651
02/01/96
.0203-
.0204
10:16 NCR 1651
02/01/96
.0206-
.0210
10:16 NCR 1651
02/01/96
.0301 -
.0314
10:16 NCR 1651
02/01/96
.0401 -
.0404
10:16 NCR 1651
02/01/96
.0501 -
.0503
10:16 NCR 1651
02/01/96
.0601 -
.0602
10:16 NCR 1651
02/01/96
.0701 -
.0702
10:16 NCR 1651
02/01/96
.0801 -
.0808
10:16 NCR 1651
02/01/96
.0810
10:16 NCR 1651
02/01/96
.0901 -
.0902
10:16 NCR 1651
02/01/96
.0904-
.0906
10:16 NCR 1651
02/01/96
.1001 -
.1003
10:16 NCR 1651
02/01/96
.1101
10:16 NCR 1651
02/01/96
.1103 -
.1104
10:16 NCR 1651
02/01/96
.1106
10:16 NCR 1651
02/01/96
.1108
10:16 NCR 1651
02/01/96
.1201 -
1202
10:16 NCR 1651
02/01/96
.1301 -
.1302
10:16 NCR 1651
02/01/96
.1401 -
.1403
10:16 NCR 1651
02/01/96
.1501 -
.1513
10:16 NCR 1651
02/01/96
.1516-
.1521
10:16 NCR 1651
02/01/96
.1601 -
.1603
10:16 NCR 1651
02/01/96
.1701 -
.1703
10:16 NCR 1651
02/01/96
.1801 -
.1802
10:16 NCR 1651
02/01/96
.1803 -
.1804
10:16 NCR 1651
02/01/96
.1901
10:16 NCR 1651
02/01/96
.1903
10:16 NCR 1651
02/01/96
.1906-
.1907
10:16 NCR 1651
02/01/96
.1909
10:16 NCR 1651
02/01/96
05C .0101 -
.0102
10:16 NCR 1651
02/01/96
.0201 -
.0204
10:16 NCR 1651
02/01/96
.0208
10:16 NCR 1651
02/01/96
.0211
10:16 NCR 1651
02/01/96
.0217-
.0218
10:16 NCR 1651
02/01/96
.0220
10:16 NCR 1651
02/01/96
.0222
10:16 NCR 1651
02/01/96
.0303-
.0304
10:16 NCR 1651
02/01/96
.0403
10:16 NCR 1651
02/01/96
.0508-
.0509
10:16 NCR 1651
02/01/96
05D .0101 -
.0102
10:16 NCR 1651
02/01/%
.0201 -
.0205
10:16 NCR 1651
02/01/96
08/01/95
12/01/95
01/26/96
08/01/95
12/01/95
12/01/95
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02701/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02701/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02A)l/96
02/01/96
02/01/96
Temporaiy Amendment
Rule-Making Proceeding
Rule-Making Proceeding
2927
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Agency/Rule Citation
Proposed ia
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
I
I
.0206
10:16 NCR 1651
02/01/96
.0208
10:16 NCR 1651
02/01/96
.0209-
.0210
10:16 NCR 1651
02/01/96
.0301 -
.0303
10:16 NCR 1651
02/01/96
.0401 -
.0403
10:16 NCR 1651
02/01/96
.0501 -
.0509
10:16 NCR 1651
02/01/96
39
.0101
10:16 NCR 1672
02/01/96
.0201
10:16 NCR 1672
02/01/96
ADMINISTRATIVE HEARINGS
26 NCAC 02A
.0101 -
.0102
10:16 NCR 2160
02/01/%
.0201 -
.0212
10:16 NCR 2160
02/01/96
.0301
10:16 NCR 2160
02/01/96
.0303
10:16 NCR 2160
02/01/96
.0401 -
.0406
10:16 NCR 2160
02/01/96
.0501 -
.0507
10:16 NCR 2160
02/01/96
02B
.0101
10:16 NCR 2160
02/01/96
.0103 -
.0104
10:16 NCR 2160
02/01/96
^
.0201 -
.0204
10:16 NCR 2160
02/01/96
.0301 -
.0304
10:16 NCR 2160
02/01/96
.0401
10:16 NCR 2160
02/01/96
02C
.0101 -
.0109
10:16 NCR 2160
02/01/96
.0201 -
.0206
10:16 NCR 2160
02/01/96
.0301 -
.0305
10:16 NCR 2160
02/01/96
.0401 -
.0409
10:16 NCR 2160
02/01/96
.0501 -
.0503
10:16 NCR 2160
02/01/96
AGRICULTURE
2 NCAC 09L
.1806
10:16 NCR 1674
03/01/96
34
.0904
10:04 NCR 228
08/01/95
.0904
10:07 NCR 430
11/01/95
48A
.1702
10:15 NCR 1432
02/01/96
48C
.0029
10:15 NCR 1432
02/01/96
52B
.0207
10:15 NCR 1432
02/01/96
.0212
10:15 NCR 1432
02/01/96
.0302
10:15 NCR 1432
02/01/96
52C
.0105
10:15 NCR 1432
02/01/96
ARCHITECTURE
21 NCAC 02
.0208
10:12 NCR 985
12/01/95
02
.0301 -
.0302
10:10 NCR 829
07/01/96
AUCTIONEERS
21 NCAC 04B
.0103
10:16 NCR 2028
03/01/96
.0201 -
.0202
10:16 NCR 2028
03/01/96
.0403
10:16 NCR 2028
03/01/96
.0505
10:16 NCR 2028
03/01/96
.0601 -
.0602
10:16 NCR 2028
03/01/96
BARBER EXAMINERS
21 NCAC 06H
.0002
10:16 NCR 2033
02/01/96
06J
.0002
10:16 NCR 2033
02/01/96
06K
.0003
10:16 NCR 2033
02/01/96
CERTinED PUBLIC ACCOUNTANT EXAMINERS
21 NCAC 08A
.0301
10:16 NCR 2033
02/01/96
08F
.0103
10:16 NCR 2033
02/01/96
.0105
10:04 NCR 255
08/01/95
.0113
10:04 NCR 255
08/01/95
08G
.0401
10:04 NCR 255
08/01/95
.0404
10:16 NCR 2033
02/01/96
.0409
10:16 NCR 2033
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
N/A
11/01/95
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
12/01/95
07/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
08/01/95
08/01/95
08/01/95
02/01/96
02/01/96
Agency Withdrew Rule
Agency Withdraw Rule
Renoticed in 10:7
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2928
CUMULATIVE INDEX
Proposed
Effective
Date
Rscal Note
Effective
Date
Otiier Information
Proposed in
Register
State
Local
081
.0004
10:16 NCR 2033
02/01/96
08J
.0001
10:16 NCR 2033
02/01/96
.0005
10:04 NCR 255
08/01/95
.0006
10:16 NCR 2033
02/01/96
.0008
10:04 NCR 255
08/01/95
08M
.0102
10:04 NCR 255
08/01/95
.0102-
.0103
10:16 NCR 2033
02/01/96
.0104
10:04 NCR 255
08/01/95
.0206-
.0207
10:16 NCR 2033
02/01/96
.0304
10:16 NCR 2033
02/01/96
.0306
low NCR 255
08/01/95
.0401
10:04 NCR 255
08/01/95
.0401 -
.0402
10:16 NCR 2033
02/01/96
08N
.0203
10:04 NCR 255
08/01/95
.0302
10:04 NCR 255
08/01/95
.0306
10:16 NCR 2033
02/01/96
.0307
10:04 NCR 255
08/01/95
CfflROPRACTIC EXAMINERS
21 NCAC 10
.0203
10:04 NCR 261
08/01/95
COMMERCE
4 NCAC 02R
.0303
10:16 NCR 1675
06/01/96
.0305
10:16 NCR 1675
06/01/96
.1708
10:16 NCR 1675
06/01/96
.1710
10:16 NCR 1675
06/01/96
.1801 -
.1802
10:16 NCR 1675
06/01/96
02S
.0102-
.0103
10:16 NCR 1675
06/01/96
.0105 -
.0106
10:16 NCR 1675
06/01/96
.0109
10:16 NCR 1675
06/01/96
.0209
10:16 NCR 1675
06/01/96
.0228
10:16 NCR 1675
06/01/96
.0234-
.0235
10:16 NCR 1675
06/01/96
.0402-
.0404
10:16 NCR 1675
06/01/96
.0511 -
.0513
10:16 NCR 1675
06/01/96
.0516
10:16 NCR 1675
06/01/96
.0519
10:16 NCR 1675
06/01/96
.0525
10:16 NCR 1675
06/01/96
.0614
10:16 NCR 1675
06/01/96
.0708
10:16 NCR 1675
06/01/96
.0901 -
.0904
10:16 NCR 1675
06/01/96
.1005
10:16 NCR 1675
06/01/96
.1008
10:16 NCR 1675
06/01/96
.1011
10:16 NCR 1675
06/01/96
.1021
10:16 NCR 1675
06/01/96
02T
.0101 -
.0102
10:16 NCR 1675
06/01/96
.0201 -
.0202
10:16 NCR 1675
06/01/96
.0206
10:16 NCR 1675
06/01/96
.0301 -
.0305
10:16 NCR 1675
06/01/96
.0308-
.0309
10:16 NCR 1675
06/01/96
.0409-
.0411
10:16 NCR 1675
06/01/96
.0502
10:16 NCR 1675
06/01/96
.0601 -
.0602
10:16 NCR 1675
06/01/96
.0604
10:16 NCR 1675
06/01/96
.0606
10:16 NCR 1675
06/01/96
.0707 -
.0709
10:16 NCR 1675
06/01/96
.0711
10:16 NCR 1675
06/01/96
.1104-
.1108
10:16 NCR 1675
06/01/96
06C
.0203
.0205
.0407
.0409
10:05 NCR 30O
10:18 NCR 2398
10:18 NCR 2398
10:18 NCR 2398
09/01/95
10
10:15 NCR 1428
02A)l/96
02/01/96
08/01/95
02/01/96
08/01/95
N/A
02/01/96
08/01/95
02/01/96
02/01/96
08/01/95
08/01/95
02/01/96
08/01/95
08/01/95
02/01/96
08/01/95
08/01/95
i
RRC Obj./Rule Withdrawn
i
Rule-Making Proceeding
Rule-Making Proceeding
Rule-Making Proceeding
Public Notice
i
2929
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Agency /Rule Citation
Proposed in
Register
Proposed
EfTective
Date
Fiscal Note
State Local
EffectiTe
Date
Other Information
I
I
19L .0401
10:16 NCR 1698
02/01/96
.0403
10:16 NCR 1698
02/01/96
.0407
10:16 NCR 1698
02/01/96
.0501
.0502
10:16 NCR 1698
02/01/96
.0505
10:16 NCR 1698
02/01/96
.0802
10:16 NCR 1698
02/01/96
.0805
10:16 NCR 1698
02/01/96
.0901
10:16 NCR 1698
02/01/96
.0906-
.0907
10:16 NCR 1698
02/01/96
.0911
10:16 NCR 1698
02/01/96
.1002
10:16 NCR 1698
02/01/96
.1004
10:16 NCR 1698
02/01/96
.1009
10:16 NCR 1698
02/01/96
.1301 -
.1303
10:16 NCR 1698
02/01/96
.1701 -
.1703
10:16 NCR 1698
02/01/96
.1801 -
.1803
10:16 NCR 1698
02/01/96
COMMUNITY COLLEGES
23 NCAC 02C .0108
10:03 NCR 208
09/01/95
.0210
10:07 NCR 587
01/01/96
.0211
10:03 NCR 208
09/01/95
.0301
10:07 NCR 587
01/01/96
.0306
10:03 NCR 208
09/01/95
02E .0403
10:07 NCR 587
01/01/96
CORRECTION
5 NCAC 05 .0001
10:01 NCR 12
07/01/95
COSMETIC ART EXAMINERS
21 NCAC 14B .0604
10:12 NCR 985
12/01/95
14J .0502
10:14 NCR 1380
01/01/96
14L .0301 -
.0302
10:14 NCR 1380
01/01/96
14N .0106 -
.0108
10:14 NCR 1380
01/01/96
.0112
10:14 NCR 1380
01/01/%
CULTURAL RESOURCES
7 NCAC 02F .0002
10:01 NCR 12
07/01/95
05 .0200
10:18 NCR 2398
DIETETICS/NUTRITION
21 NCAC 17 .0101 -
.0102
10:16 NCR 2046
02/01/96
.0104
10:16 NCR 2046
02/01/96
.0107
10:16 NCR 2046
02/01/96
.0113-
.0114
10:16 NCR 2046
02/01/96
.0301 -
.0304
10:16 NCR 2046
02/01/96
.0401 -
.0402
10:16 NCR 2046
02/01/96
DENTAL EXAMINERS
21 NCAC 16
10:16 NCR 2043
05/01/96
21 NCAC 16H .0104
10:16 NCR 2043
05/01/96
.0202-
.0203
10:16 NCR 2043
05/01/96
16T .0001 -
.0002
10:16 NCR 2043
05/01/96
16U .0101 -
.0102
10:16 NCR 2043
05/01/96
.0201 -
.0204
10:16 NCR 2043
05/01/96
ELECTRICAL CON IRACTORS
21 NCAC 18B .0103
10:15 NCR 1579
02/01/96
.0207
10:15 NCR 1579
02/01/96
.0303
10:15 NCR 1579
02/01/96
.0402
10:15 NCR 1579
02/01/96
.0601
10:15 NCR 1579
02/01/96
.0902-
.0903
10:15 NCR 1579
02/01/96
12/01/95
01/01/96
12/01/95
01/01/96
12/01/95
01/01/96
07/01/95
01/01/96
01/01/96
01/01/96
01/01/96
08/01/95
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
Rule-Making Proceeding
Notice on Subject Matter
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2930
CUMULATIVE INDEX
Agoicy/Rule Citation
Proposed in
Register
Proposed
EfTectiTe
Date
Fiscal Note
E^ffectiTe
State
Local
Date
.0905
10:15 NCR 1579
02/01/96
ELt
:CTROLYSlS
EXAMINERS
21
NCAC 19
.0104
10:11 NCR 907
12/01/95
.0204
10:11 NCR 907
12/01/95
.0616
10:11 NCR 907
12/01/95
EN>
^RONMENT
, HEALTH, AND NATURAL RESOURCES
15
NCAC
01
10:22 NCR 2816
10:18 NCR 2317
OIC
.0101
10:16 NCR 1828
02/01/96
.0503-
.0504
10:16 NCR 1828
02/01/96
OIK
10:19 NCR 2506
02
10:18 NCR 2316
02
10:18 NCR 2317
02B
.0101
.0104
.0202
.0211
10:01 NCR 13
10:01 NCR 13
10:01 NCR 13
10:01 NCR 13
.0216
10:16 NCR 1838
02/01/96
.0224-
.0225
10:16 NCR 1838
02/01/96
.0224
10:18 NCR 2400
.0227
10:18 NCR 2400
.0301
10:01 NCR 13
.0303
10:08 NCR 661
11/01/95
.0303
10:18 NCR 2400
.0304
10:04 NCR 246
01/01/96
.0304
10:05 NCR 301
11/01/95
.0304
10:15 NCR 1515
04/01/%
.0304
10:16 NCR 1846
05/01/96
.0304
10:21 NCR 2688
.0308 -
.0310
10:08 NCR 661
11/01/95
.0308
10:08 NCR 661
02/01/96
.0313
10:11 NCR 901
02/01/96
.0315-
.0316
10:08 NCR 661
11/01/95
.0315
10:08 NCR 661
02/01/96
.0315
10:16 NCR 1835
05/01/96
.0316
10:04 NCR 246
01/01/96
02C
.0201 -
.0216
10:16 NCR 1848
05/01/96
02D
.0101
10:16 NCR 1867
05/01/96
.0501
10:16 NCR 1867
05/01/96
.0516
10:16 NCR 1867
05/01/96
.0518 -
.0519
10:16 NCR 1867
05/01/96
.0520
10:01 NCR 13
07/01/95
.0520
10:16 NCR 1867
05/01/96
.0521
10:16 NCR 1867
05/01/96
.0524 -
..0525
10:16 NCR 1867
05/01/96
.0531
10:01 NCR 13
07/01/95
.0531
10:15 NCR 1520
04/01/96
.0533
10:16 NCR 1867
05/01/96
.0535
10:16 NCR 1867
05/01/96
.0537
10:16 NCR 1867
05/01/96
.0539
10:16 NCR 1867
05/01/96
.0601
10:16 NCR 1867
05/01/96
.0604
10:16 NCR 1867
05/01/96
.0608
10:16 NCR 1867
05/01/96
.0804-
.0805
10:15 NCR 1520
04/01/96
.0901
10:15 NCR 1520
04/01/96
.0902
10:01 NCR 13
07/01/95
.0902
10:16 NCR 1867
05/01/96
.0909
10:01 NCR 13
07/01/95
.0917-
.0924
10:15 NCR 1520
04/01/96
.0926-
.0928
10:15 NCR 1520
04/01/96
02/01/96
12/01/95
12/01/95
12/01/95
I
01/01/96
11/01/95
Consent Order
Rule-Making Agenda
Rule-Making Proceeding
Public Notice/303 (d) list
Rule-Making Agenda
Correction to Notice
Correction to Notice
Correction to Notice
Correction to Notice
Rule-Making Proceeding
Rule-Making Proceeding
Correction to Notice
Rule-Making Proceeding
Change to Notice
i
01/01/96
07/01/95
07/01/95
07/01/95
I
2931
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
Ageocy/Rule Citation
I
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
State Local
Effective
Date
Other Information
i
I
.0929
10:16 NCR 1867
05/01/96
.0934
.0935
10:15 NCR 1520
04/01/96
.0937
10:15 NCR 1520
04/01/96
.0951
10:15 NCR 1520
04/01/96
.0952
10:01 NCR 13
07/01/95
X
X
07/01/95
.0953-
.0954
10:15 NCR 1520
04/01/96
.1109-
.1111
10:16 NCR 1867
05/01/96
.1202
10:16 NCR 1867
05/01/96
.1204-
.1206
10:16 NCR 1867
05/01/96
.1301 -
.1302
10:15 NCR 1520
04/01/96
.1304
10:15 NCR 1520
04/01/96
.1402
10:01 NCR 13
07/01/95
X
X
07/01/95
.1406
10:01 NCR 13
07/01/95
X
X
.1409
10:01 NCR 13
07/01/95
X
X
.1701 -
.1702
10:01 NCR 13
07/01/95
X
X
.1801 -
.1803
10:01 NCR 13
07/01/95
X
X
.1901 -
.1906
10:16 NCR 1867
05/01/96
X
02H
.0219
.0610
10:14 NCR 1325
10:16 NCR 1867
05/01/96
05/01/96
02L
.0106
.0202
10:19 NCR 2508
10:20 NCR 2591
01/02/96
02P
.0402
10:19 NCR 2512
01/02/96
02Q
.0102
10:16 NCR 1867
05/01/96
.0103
10:16 NCR 1867
05/01/96
X
X
.0109
10:16 NCR 1867
05/01/96
.0201 -
.0204
10:16 NCR 1867
05/01/96
.0207
10:16 NCR 1867
05/01/96
.0302
10:16 NCR 1867
05/01/96
.0311
10:16 NCR 1867
05/01/96
.0401 -
.0418
10:15 NCR 1520
04/01/96
.0501 -
.0503
10:16 NCR 1867
05/01/96
.0507-
.0508
10:16 NCR 1867
05/01/96
.0526
10:16 NCR 1867
05/01/96
03
10:15 NCR 1515
03/01/96
03
10:18 NCR 2317
031
.0001
.0005
.0018
.0019
.0019
.0019
10:14 NCR 1336
10:14 NCR 1336
10:14 NCR 1336
10:21 NCR 2737
10:21 NCR 2737
10:22 NCR 2833
03/01/96
03/01/96
03/01/96
06/01/96
02701/96
03J
.0103 -
.0104
10:14 NCR 1336
03/01/96
.0107
10:14 NCR 1336
03/01/96
X
.0202
10:14 NCR 1336
03/01/96
.0301
10:14 NCR 1336
03/01/96
.0401
10:14 NCR 1336
03/01/96
.0401
10:21 NCR 2688
06/01/96
.0401
10:22 NCR 2833
.0402
10:14 NCR 1336
03/01/96
.0403
10:15 NCR 1515
03/01/96
03K
.0104-
.0105
10:14 NCR 1336
03/01/96
.0201 -
0202
10:14 NCR 1336
03/01/96
03L
.0301 -
.0302
10:14 NCR 1336
03/01/96
03M
.0202
.0204
.0301
.0501
10:14 NCR 1336
10:14 NCR 1336
10:14 NCR 1336
10:14 NCR 1336
03/01/96
03/01/96
03/01/96
03/01/96
.0503-
.0504
10:14 NCR 1336
03/01/96
.0506-
.0507
10:14 NCR 1336
03/01/96
.0510 -
.0511
10:14 NCR 1336
03/01/96
.0512
10:14 NCR 1336
03/01/96
03R
.0003 -
.0007
.0005
10:14 NCR 1336
10:14 NCR 1336
03/01/96
03/01/96
Temporaiy Amendment
Rule-Making Proceeding
Temporaiy Amendment
Notice on Subject Matter
Rule-Making Agenda
Change in Notice
Change in Notice
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2932
CUMULATIVE INDEX
Proposed in
Register
Proposed
Effective
Date
FtscaJ Note
State Local
Effective
Date
Other Informatioii
I
.0011
10:14 NCR 1336
03/01/96
NPDES Pemiit
10:02 NCR 56
04A
.0001
10«7 NCR 579
10/01/95
10/01/95
.0005
10:07 NCR 579
10/01/95
10/01/95
04B
.0016
10KD7 NCR 579
10/01/95
10/01/95
.0020
10.-07 NCR 579
10/01/95
10/01/95
.0028
I0O2NCR 149
07/01/95
08/01/95
.0029-
.0030
10:07 NCR 579
10/01/95
10/01/95
04C
.0007-
.0008
10:07 NCR 579
10/01/95
10/01/95
.0010
10^7 NCR 579
10/01/95
10/01/95
04D
.0002-
.0003
10O7NCR 579
10/01/95
10/01/95
07
10:18 NCR 2317
07B
.0101
I0K)9 NCR 751
12/01/95
X
X
02/01/96
.0201
10:09 NCR 751
12/01/95
X
X
02/01/96
.0202-
.0203
10:09 NCR 751
12/01/95
X
X
01/01/96
.0204
10:09 NCR 751
12/01/95
X
X
02/01/96
.0205
10:09 NCR 751
12/01/95
X
X
01/01/96
.0206-
.0207
10:09 NCR 751
12/01/95
X
X
02/01/96
.0208-
.0209
10K)9NCR 751
12/01/95
X
X
01/01/96
.0210-
.0213
10:09 NCR 751
12/01/95
X
X
02/01/96
.0214
10:09 NCR 751
12/01/95
X
X
01/01/96
.0215
10:09 NCR 751
12/01/95
X
X
02/01/96
.0216
10K)9 NCR 751
12/01/95
X
X
01/01/96
.0401 -
.0402
10K)9 NCR 751
12/01/95
X
X
02/01/96
.0403-
.0406
10K»NCR 751
12/01/95
X
X
01/01/96
.0501
10:09 NCR 751
12/01/95
X
X
02/01/96
.0502-
.0507
10:09 NCR 751
12/01/95
X
X
01/01/96
07H
.0106
10:16 NCR 1921
04/01/96
.0208
10^X3 NCR 197
12/01/95
02/01/96
.0208
10:15 NCR 1552
03/01/96
.0305
10:15 NCR 1552
03/01/96
.0308
10O9 NCR 751
12/01/95
02/01/96
.0308
10:15 NCR 1921
03/01/96
.0309-
.0310
10:09 NCR 751
02/01/96
.1705
10:09 NCR 751
12/01/95
02/01/96
.2201 -
.2202
10:03 NCR 204
12/01/95
02/01/96
.2203
10O3 NCR 204
12/01/95
X
02/01/96
.2204-
.2205
10:03 NCR 204
12/01/95
02/01/96
.2301 -
.2305
10:15 NCR 1552
03/01/96
07K
.0103
10:09 NCR 751
12/01/95
07L
10:16 NCR 1921
04/01/96
07M
.0300
.0300
.0400
10:16 NCR 1921
10:19 NCR 2480
10:16 NCR 1921
04/01/96
02/01/97
lOB
.0115
10:06 NCR 338
10/01/95
11/01/95
.0115-
.0116
10:16 NCR 1922
07/01/96
.0201 -
.0203
10:16 NCR 1923
07/01/96
.0202-
.0203
10:01 NCR 26
07/01/95
07/01/95
.0202
10:04 NCR 249
08/01/95
09/01/95
.0208-
.0209
10:16 NCR 1923
07/01/96
.0214
lOm NCR 26
07/01/95
07/01/95
.0214
10:16 NCR 1923
07/01/96
.0220
10:16 NCR 1923
07/01/96
.0302-
.0303
10:16 NCR 1923
07/01/96
IOC
.0205
10:16 NCR 1923
07/01/96
.0301 -
.0302
10:16 NCR 1923
07/01/96
.0305
10:16 NCR 1923
07/01/96
.0401
10:16 NCR 1923
07/01/96
.0404
10:06 NCR 338
12/01/95
12/01/95
.0404
10:16 NCR 1923
07/01/96
.0407
10:06 NCR 338
12/01/95
12/01/95
.0407
10:16 NCR 1923
07/01/96
lOD
.0002-
.0003
10:01 NCR 26
07/01/95
07/01/95
Rule-Making Agenda
Filed over RRC Objection
FJed over RRC Objection
FJed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Notice on Subject Matter
i
Notice of Subject Matter
Notice of Subject Matter
Change in Location of Hearings
Notice of Subject Matter
i
2933
NORTH CAROLINA REGISTER
February 15, 1996 10:22
CUMULATIVE INDEX
I
Agency/Ride Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
^
I
.0002-
.0004
10:16 NCR 1923
07/01/96
.0003
10:04 NCR 250
08/01/95
.OtXB
10:06 NCR 338
09/01/95
lOF
.0100
10:19 NCR 2506
.0313
10:06 NCR 338
10/01/95
.0317
lO.Ol NCR 26
07/01/95
.0323-
.0324
10:11 NCR 904
12/01/95
.0339
10:13 NCR 1159
02/01/96
.0339
10:15 NCR 1565
02/01/96
.0360
10:13 NCR 1159
02/01/96
101
.0001
10:22 NCR 2829
lOK
.0003
10:13 NCR 1159
02/01/96
Wildlife PtocUnution/Striped
3ass
10:02 NCR 57
04/10/95
lOKBNCR 195
04/15/95
11
10:18 NCR 2317
.0349
10:16 NCR 1958
05/01/96
12
10:18 NCR 2317
13
10:18 NCR 2317
13A
.0006
10:13 NCR 1160
01/01/96
.0019
10:13 NCR 1160
01/01/96
13B
.0101
10:06 NCR 350
10/01/95
.0103
10^6 NCR 350
10/01/95
.0503
10:06 NCR 350
10/01/95
.0802-
.0829
10«6NCR 350
10/01/95
.0901 -
.0905
10:16 NCR 1959
04/01/96
.1401 -
.1409
10:16 NCR 1959
04/01/96
.1627
10fl6NCR 350
10/01/95
16
10:18 NCR 2317
16A
.1001-
.1005
10O7NCR 582
01/01/96
.1006
1007 NCR 582
01/01/96
18
10:18 NCR 2317
18A
.1720
10:16 NCR 1977
04/01/96
.1722-
.1723
10:16 NCR 1977
04/01/96
.1725-
.1727
10:16 NCR 1977
04/01/96
.1801 -
.1814
10:13 NCR 1160
01/01/96
.1818
10:13 NCR 1160
01/01/96
.2508
10O6NCR 350
01/01/%
.2509
10:06 NCR 350
01/01/96
.2510-
.2511
10:06 NCR 350
01/01/96
.2516-
.2519
10*6 NCR 350
01/01/96
.2521 -
.2524
10O6NCR 350
01/01/96
.2526
10:06 NCR 350
01/01/96
.2528-
.2535
10:06 NCR 350
01/01/96
.2537
10:06 NCR 350
01/01/96
.2540-
.2542
10:06 NCR 350
01/01/%
.2543
10fl6NCR 350
01/01/%
7601-
.2602
10:13 NCR 1160
01/01/%
.2618
10:13 NCR 1160
01/01/%
.2624
10:13 NCR 1160
01/01/%
.2632
10:13 NCR 1160
01/01/%
.2635-
.2636
10:13 NCR 1160
01/01/%
.2702
10:16 NCR 1977
04/01/%
.3101 -
.3106
10:16 NCR 1977
04/01/%
19
10:18 NCR 2317
19A
.0401
10:06 NCR 350
10/01/95
.0406
10:06 NCR 350
10/01/95
.0502
10:06 NCR 350
10/01/95
19C
.0206
10:05 NCR 305
10/01/95
.0601 -
.0603
10:16 NCR 1977
04/01/%
.0605-
.0609
10:16 NCR 1977
04/01/%
.0611
10:16 NCR 1977
04/01/%
19H
.0702
10:07 NCR 582
10/01/95
20
10:18 NCR 2317
09/01/95
10/01/95
07/01/95
12/01/95
02/01/%
02/01/%
02/01/%
01/01/%
01/01/%
10/01/95
10/01/95
10/01/95
10/01/95
N/A
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
N/A
01/01/%
01/01/%
01/01/%
01/01/%
01/01/%
10/01/95
10/01/95
10/01/95
N/A
Rule-Making Proceeding
Rule-Making Proceedings
Rule-Making Agenda
Rule-Making Agenda
Rule-Making Agenda
Agency Did Not Adopt
Rule-Making Agenda
Rule-Making Agenda
RRC Obj/Rule Withdrawn
Agency Did Not Adopt
Rule-Making Agenda
Withdrawn by Agency
Rule-Making Agenda
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2934
CUMULATIVE INDEX
Agency/Rule Citadon
Proposed in
Register
Proposed
EffectiTe
Date
Fiscal Note
Effective
State
Local
Date
20D
.0233 -
.0234
10:13 NCR 1160
01/01/96
.0236
10:13 NCR 1160
01/01/96
.0241 -
.0243
10:13 NCR 1160
01/01/96
.0247-
.0252
10:13 NCR 1160
01/01/96
21
10:18 NCR 2317
21F
.0801 -
.0802
10:13 NCR 1160
01/01/96
.0804
10:13 NCR 1160
01/01/96
.1101 -
.1103
10:13 NCR 1160
01/01/96
.1105
10:13 NCR 1160
01/01/96
23
10:18 NCR 2317
24
10:18 NCR 2317
24A
.0102
10:13 NCR 1160
01/01/96
.0202-
.0203
10:13 NCR 1160
01/01/96
.0204
10:13 NCR 1160
01/01/96
.0301
10:13 NCR 1160
01/01/95
.0404
10:06 NCR 350
10/01/95
25
10:18 NCR 2317
.0213
10:16 NCR 1996
04/01/96
FINAL DECISION LEII ERS
Voting Rights Act
lOHDl NCR 02
10:03 NCR 194
10:05 NCR 298
10:10 NCR 825
10:11 NCR 889
10:13 NCR 1084
10:15 NCR 1429
10:17 NCR 2227
10:19 NCR 2478
10:21 NCR 2684
10:22 NCR 2827
GENERAL CONTRACTORS LICENSING BOARD
21 NCAC 12 10:22 NCR 2829
21 NCAC 12 .0302 10:11 NCR 906
.0410 10:11 NCR 906
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
10/01/95
i
Rule-Making Agenda
Rule-Making Agenda
Rule-Making Agenda
Rule-Making Agenda
i
Rule-Making Proceedings
12/01/95
12/01/95
12/01/95
12/01/95
GENERAL STATUTES
Chapter 150B 10:13 NCR 1062
GOVERNOR'S EXECimVE ORDERS
Number 72 10:01 NCR 01
Number 73 10:02 NCR 54
Number 74 10:02 NCR 54
Number 75 10:03 NCR 191
Number 76 10:03 NCR 191
Number 77 10:05 NCR 297
Number 78 10:06 NCR 336
Number 79 10:07 NCR 427
Number 80 10:07 NCR 427
Number 81 10:08 NCR 639
Number 82 10:10 NCR 823
Number 83 10:10 NCR 823
Number 84 10:12 NCR 981
Number 85 10:13 NCR 1061
Number 86 10:13 NCR 1061
Number 87 10:17 NCR 2222
Number 88 10:17 NCR 2222
Number 89 10:17 NCR 2222
Number 90 10:20 NCR 2587
Number 91 10:20 NCR 2587
Number 92 10:20 NCR 2587
03/06/95
03/15/95
03/27/95
03/30/95
04/03/95
05/02/95
05/23/95
06/07/95
06/13/95
06/27/95
07/27/95
08/03/95
08/24/95
09/12/95
09/12/95
10/27/95
10/27/95
10/31/95
12/05/95
12/13/95
12/13/95
<
2935
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Ageocy/Rnle Citation
Proposed in
Register
Proposed
Effective
Fiscal Note
Effective
Other Informatioo
Date
State
Local
%
I
Number 93
10:21 NCR 2683
HEARING AID DEALERS AND nXTERS BOARD
21 NCAC 22A
.0203
10:16 NCR 2053
02/01/96
.0309
10:16 NCR 2053
02/01/96
22F
.0003 -
.0004
10:16 NCR 2053
02/01/96
.0007-
.0008
10:16 NCR 2053
02/01/96
.0013-
.0014
10:16 NCR 2053
02/01/96
.0016
10:16 NCR 2053
02/01/96
.0018
10:16 NCR 2053
02/01/96
.0020
10:16 NCR 2053
02/01/96
.0021
10:16 NCR 2053
02/01/96
221
.0008-
.0009
10:16 NCR 2053
02/01/96
22K
.0004-
.0005
10:16 NCR 2053
02/01/96
22L
.0001
10:16 NCR 2053
02/01/96
.0005-
.0006
10:16 NCR 2053
02/01/96
.0009-
.0011
10:16 NCR 2053
02/01/96
.0013-
.0015
10:16 NCR 2053
02/01/96
HUMAN RESOURCES
10 NCAC 03
10:18 NCR 2399
03C
.5301
10:14 NCR 1232
03/01/96
.5401
10:14 NCR 1232
03/01/96
.5402
10:14 NCR 1232
03/01/96
.5403 -
.5406
10:14 NCR 1232
03/01/96
.5407-
.5409
10:14 NCR 1232
03/01/96
.5410-
.5411
10:14 NCR 1232
03/01/96
.5412-
.5413
10:14 NCR 1232
03/01/96
.5414
10:14 NCR 1232
03/01/96
03D
.0808
10:14 NCR 1238
02/01/96
.1301 -
.1302
10:14 NCR 1238
02/01/96
.1401
10:08 NCR
641
11/01/95
.1401 -
.1403
10:14 NCR 1238
02/01/96
.1501 -
.1503
10:14 NCR 1238
02/01/96
03H
.0108 -
.0109
10:02 NCR
58
09/01/95
.0206-
.0220
10:02 NCR
58
09/01/95
.0306-
.0318
XOm. NCR
58
09/01/95
.0407-
.0409
10:02 NCR
58
09/01/95
.0505-
.0507
lOKENCR
58
09/01/95
.0510 -
.0517
10:02 NCR
58
09/01/95
.0605-
.0609
10:02 NCR
58
09/01/95
.0705 -
.0712
10:02 NCR
58
09/01/95
.0810 -
.0812
10:02 NCR
58
09/01/95
.0903-
.0911
lOKGNCR
58
09/01/95
.1003-
.1008
10:02 NCR
58
09/01/95
.1105-
.1109
10:02 NCR
58
09/01/95
.1130-
.1136
10*2 NCR
58
09/01/95
.1150-
.1163
10:02 NCR
58
09/01/95
.1204-
.1208
10:02 NCR
58
09/01/95
.1210
10:02 NCR
58
09/01/95
.1306-
.1308
10:02 NCR
58
09/01/95
.1405-
.1406
10:02 NCR
58
09/01/95
.1408-
.1410
10:02 NCR
58
09/01/95
.1501 -
.1503
10:02 NCR
58
09/01/95
.1612-
.1613
10:02 NCR
58
09/01/95
.1703-
.1704
10:02 NCR
58
09/01/95
.1804-
.1807
10:02 NCR
58
09/01/95
.2001
10:02 NCR
58
09/01/95
.2101 -
.2110
10:02 NCR
58
09/01/95
.2201 -
.2203
10:02 NCR
58
09/01/95
.2204-
.2206
10:02 NCR
58
09/01/95
.2207-
.2212
10:02 NCR
58
09/01/95
.2301 -
.2302
10:02 NCR
58
09/01/95
12/21/95
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
03/01/96
03/01/96
03/01/96
03/01/96
03/01/96
02/01/96
02/01/96
11/01/95
02/01/96
02/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
Rule-Making Proceeding
10:22
NORTH CAROLINA REGISTER
February IS, 1996
2936
CUMULATIVE INDEX
Agency/Rule Chatjon
Proposed in
Register
Proposed
EITectiTe
Date
Fiscal Note
State Local
BWective
Date
Other Informafioii
i
^03-
.2308
10K32NCR
58
09/01/95
.2401 -
,2402
10.02 NCR
58
09/01/95
.2501 -
.2506
10:02 NCR
58
09/01/95
.2601 -
.2607
10:02 NCR
58
09/01/95
.2701
10:02 NCR
58
09/01/95
.2801 -
.2802
10:02 NCR
58
09/01/95
.2901 -
.2902
10K32NCR
58
09/01/95
.3001 -
.3005
10K32 NCR
58
09/01/95
.3011 -
.3016
10:02 NCR
58
09/01/95
.3021 -
.3032
10:02 NCR
58
09/01/95
.3101 -
.3103
10:02 NCR
58
09/01/95
.3104
10:02 NCR
58
09/01/95
.3201 -
.3202
10K32 NCR
58
09/01/95
.3301 -
.3302
10O2NCR
58
09/01/95
.3401 -
.3404
10:02 NCR
58
09/01/95
03L .0901
10:08 NCR
641
02/01/96
.0902-
.0907
10:08 NCR
641
02/01/96
.1001 -
.1003
10:08 NCR
641
02/01/96
.1004
10:08 NCR
641
02/01/96
.1005-
.1007
10:08 NCR
641
02/01/96
.1101
10:08 NCR
641
02/01/96
.1102-
.1103
10:08 NCR
641
02/01/96
.1104
10O8 NCR
641
02/01/96
.1105-
.1106
10:08 NCR
641
02/01/96
.1107
10:08 NCR
641
02/01/96
.1108-
.1110
\0m NCR
641
02/01/96
.1111 -
.1112
10:08 NCR
641
02/01/96
.1201
10O8 NCR
641
02/01/96
.1202
10:08 NCR
641
02/01/96
.1301 -
.1303
10:08 NCR
641
02/01/96
.1401
10:08 NCR
641
02/01/96
.1402
10:08 NCR
641
02/01/96
03M .0202 -
.0205
10:08 NCR
641
11/01/95
.0207
10:08 NCR
641
11/01/95
03R .0109 -
.0111
10:14 NCR
243
01/01/96
.0213 -
.0215
10:14 NCR
243
01/01/96
.0303 -
.0305
10:14 NCR
243
01/01/96
.0317
10:14 NCR
243
01/01/96
.0904
10:14 NCR
243
01/01/96
.1003
10:14 NCR
243
01/01/96
.1113
10:14 NCR
243
01/01/96
.1115-
.1120
10:14 NCR
243
01/01/96
.1124-
.1127
10:14 NCR
243
01/01/96
.1214
10:14 NCR
243
01/01/96
.1216
10:14 NCR
243
01/01/96
.1218-
.1219
10:14 NCR
243
01/01/96
.1302
10:14 NCR
243
01/01/96
.1304-
.1309
10:14 NCR
243
01/01/96
.1413-
.1414
10:14 NCR
243
01/01/96
.1418-
.1419
10:14 NCR
243
01/01/96
.1613-
.1615
10:14 NCR
243
01/01/96
.1618-
.1619
10:14 NCR
243
01/01/96
.1713-
.1714
10:14 NCR
243
01/01/96
.1719-
.1720
10:14 NCR
243
01/01/96
.1912-
.1914
10:14 NCR
243
01/01/96
.1916-
.1918
10:14 NCR
243
01/01/96
.2002
10:14 NCR
243
01/01/96
.2004-
.2011
10:14 NCR
243
01/01/96
.2117
10:14 NCR
243
01/01/96
.2120
10:14 NCR
243
01/01/96
.2319-
.2320
10:14 NCR
243
01/01/96
.2402
10:14 NCR
243
01/01/96
.2404-
.2412
10:14 NCR 1243
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/02/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
11/01/95
11/01/95
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
Filed over RRC Objection
i
i
2937
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
Ageacy/Rule Citatimi
I
Proposed ia
Register
Proposed
Effective
Date
Fiscal Note
State Local
Effective
Date
Other Information
I
I
.2502-
.2512
10:14 NCR 1243
01/01/96
.2(503
10:14 NCR 1243
01/01/96
.2605
10:14 NCR 1243
01/01/96
.2607-
.2610
10:14 NCR 1243
01/01/96
.2612 -
.2613
10:14 NCR 1243
01/01/96
.2718 -
.2719
10:14 NCR 1243
01/01/96
.2802-
.2807
10:14 NCR 1243
01/01/96
.2809-
.2810
10:14 NCR 1243
01/01/96
.3001
10:21 NCR 2699
.3010
10:21 NCR 2699
.3020
10:21 NCR 2699
.3030
10:21 NCR 2699
.3032
10:21 NCR 2699
.3040
10:21 NCR 2699
.3050
10:21 NCR 2699
.3103
10:14 NCR 1243
01/01/96
.3107-
.3108
10:14 NCR 1243
01/01/96
.3204
10:14 NCR 1243
01/01/96
.3206-
.3207
10:14 NCR 1243
01/01/96
.3306
10:14 NCR 1243
01/01/96
.3401
10:14 NCR 1243
01/01/96
.3406-
.3407
10:14 NCR 1243
01/01/96
.3502-
.3503
10:14 NCR 1243
01/01/96
.3506-
.3507
10:14 NCR 1243
01/01/96
.3606-
.3507
10:14 NCR 1243
01/01/96
.3706-
.3707
10:14 NCR 1243
01/01/96
.3806-
.3807
10:14 NCR 1243
01/01/96
.3902-
.3904
10:14 NCR 1243
01/01/96
.3907-
.3909
10:14 NCR 1243
01/01/96
.4002
-.4008
10:14 NCR 1243
01/01/96
.4010-
.4012
10:14 NCR 1243
01/01/96
.4102-
.4107
10:14 NCR 1243
01/01/96
.4202
10:14 NCR 1243
01/01/96
.4204
10:14 NCR 1243
01/01/96
.4206-
.4207
10:14 NCR 1243
01/01/96
.7001 -
.7008
10:14 NCR 1291
01/01/96
03T .0102
10:14 NCR 1297
02/01/96
.0201
10:14 NCR 1297
02/01/96
.0202
10:14 NCR 1297
02/01/96
.0203-
.0210
10:14 NCR 1297
02/01/96
.0301 -
.0303
10:14 NCR 1297
02/01/96
.0401 -
.0403
10:14 NCR 1297
02/01/96
.0501 -
.0505
10:14 NCR 1297
02/01/96
.0601 -
.0604
10:14 NCR 1297
02/01/96
.0605
10:14 NCR 1297
02/01/96
.0701 -
.0703
10:14 NCR 1297
02/01/96
.0801
10:14 NCR 1297
02/01/96
.0802-
.0803
10:14 NCR 1297
02/01/96
.0901
10:14 NCR 1297
02/01/96
.0902
10:14 NCR 1297
02/01/96
.1001 -
.1002
10:14 NCR 1297
02/01/96
.1102
10:14 NCR 1297
02/01/96
.1113
10:14 NCR 1297
02/01/96
.1116
10:14 NCR 1297
02/01/96
.1202
10:14 NCR 1297
02/01/96
.1204
10:14 NCR 1297
02/01/96
.1212
10:14 NCR 1297
02/01/96
03U .0102
10:20 NCR 2593
.0704
10:19 NCR 2506
.0710
10:22 NCR 2829
.2701 -
.2704
10:20 NCP, 2593
14B .0501 -
.0503
10:07 NCR 430
05/01/96
.0505-
.0509
10:07 NCR 430
05/01/96
01/01/96
Temporary Amendment
01/01/96
Temporary Amendment
01/01/96
Temporary Amendment
01/01/96
Temporary Amendment
01/01/96
Temporary Amendment
01/01/96
Temporary Amendment
01/01/96
Temporary Amendment
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
01/01/96
01/01/96
05/01/96
05/01/96
Temporary Amendment
Rule-Making Proceedings
Rule-Making Proceedings
Temporary Adoption
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2938
CUMULATIVE INDEX
AgeacyfRvle Citation
Proposed in
Register
Proposed
EffectiTe
Date
Fiscal Note
State Local
Effective
Date
Other Information
I
14C .1001 -
.1006
10:15 NCR 1435
02/01/96
.1008
10:15 NCR 1435
02/01/96
.1010-
.1018
10:15 NCR 1435
02/01/96
.1101 -
.1105
10:15 NCR 1435
02/01/96
.1107
10:15 NCR 1435
02/01/96
.1110-
.1111
10:15 NCR 1435
02/01/96
.1114-
.1121
10:15 NCR 1435
02/01/96
.1123
10:15 NCR 1435
02/01/96
.1125-
.1131
10:15 NCR 1435
02/01/96
.1133 -
.1160
10:15 NCR 1435
02/01/96
14D .0006
10:15 NCR 1435
02/01/96
14K .0101 -
.0103
10:07 NCR
430
05/01/96
.0201 -
.0219
10:07 NCR
430
05/01/96
.0301 -
.0310
10:07 NCR
430
05/01/96
.0312-
.0315
10:07 NCR
430
05/01/96
.0317-
.0324
10:07 NCR
430
05/01/96
.0326 -
.0329
10:07 NCR
430
05/01/96
.0333 -
.0348
10:07 NCR
430
05/01/96
.0350-
.0365
10:07 NCR
430
05/01/96
.0401 -
.0408
10:07 NCR
430
05/01/96
14L .0101 -
.0106
10:07 NCR
430
05/01/96
.0201 -
.0203
10:07 NCR
430
05/01/96
.0301 -
.0308
10:07 NCR
430
05/01/96
.0310
10:07 NCR
430
05/01/96
.0401 -
.0407
10:07 NCR
430
05/01/96
.0601 -
.0606
10:07 NCR
430
05/01/96
.0609
10:07 NCR
430
05/01/96
.0611 -
.0615
10:07 NCR
430
05/01/96
.0701 -
.0709
10:07 NCR
430
05/01/96
.0711 -
.0712
10:07 NCR
430
05/01/96
14M .0101 -
.0113
10:07 NCR
430
05/01/96
.0501 -
.0511
10:07 NCR
430
05/01/96
.0601 -
.0602
10:07 NCR
430
05/01/96
.0604
10:07 NCR
430
05/01/96
.0606
10:07 NCR
430
05/01/96
.0608-
.0612
10:07 NCR
430
05/01/96
.0614-
.0615
10:07 NCR
430
05/01/96
.0617-
.0621
10:07 NCR
430
05/01/96
.0701 -
.0716
10:07 NCR
430
05/01/96
14N .0101 -
.0107
10:07 NCR
430
05/01/96
.0201 -
.0207
10:07 NCR
430
05/01/96
.0301 -
.0307
10:07 NCR
430
05/01/96
.0401 -
.0406
10:07 NCR
430
05/01/96
.0501 -
.0507
10:07 NCR
430
05/01/96
.0701
10:07 NCR
430
05/01/96
.0703 -
.0705
10:07 NCR
430
05/01/96
.0801 -
.0811
10:07 NCR
430
05/01/96
.0901 -
.0905
10:08 NCR
656
05/01/96
140 .0301 -
.0314
10:07 NCR
430
05/01/96
.0401 -
.0409
10:07 NCR
430
05/01/96
.0411 -
.0416
10:07 NCR
430
05/01/96
.0501 -
.0505
10:07 NCR
430
05/01/96
.0601 -
.0609
10:07 NCR
430
05/01/96
.0611 -
.0615
10:07 NCR
430
05/01/96
.0617-
.0618
10:07 NCR
430
05/01/96
.0701 -
.0710
10:07 NCR
430
05/01/96
14V
10:15 NCR 1479
05/01/96
14V .0101 -
.0104
10:07 NCR
430
05/01/96
.0101 -
.0104
10:13 NCR 1085
05/01/96
.0201 -
.0208
10:07 NCR
430
05/01/96
.0201 -
.0208
10:13 NCR 1085
05/01/96
.0301 -
.0304
10:07 NCR
430
05/01/96
.0301 -
.0304
10:13 NCR 1085
05/01/96
02701/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
i
Notice on Subject Matter
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
i
2939
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Ageacy/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Infonnatioii
State
I
I
.0401 -
.0405
10«7NCR 430
05/01/96
.0401 -
.0405
10:13 NCR 1085
05/01/96
.0501 -
.0505
10:07 NCR 430
05/01/96
.0501 -
.0505
10:13 NCR 1085
05/01/96
.0601 -
.0604
10:07 NCR 430
05/01/96
.0601 -
.0607
10:13 NCR 1085
05/01/96
.0701 -
.0712
10:07 NCR 430
05/01/96
.0701 -
.0706
10:13 NCR 1085
05/01/96
.0707
10:13 NCR 1085
05/01/96
.0708
10:13 NCR 1085
05/01/96
.0709
10:13 NCR 1085
05/01/96
.0710-
0713
10:13 NCR 1085
05/01/96
.0801 -
.0805
10:07 NCR 430
05/01/96
.0801 -
.0805
10:13 NCR 1085
05/01/96
.1101 -
.1103
10:07 NCR 430
05/01/96
.1101 -
.1103
10:13 NCR 1085
05/01/96
.1201 -
.1203
10«7NCR 430
05/01/96
.1201 -
.1203
10:13 NCR 1085
05/01/96
.1301 -
.1303
10:07 NCR 430
05/01/96
.1301 -
.1304
10:13 NCR 1085
05/01/96
.1401 -
.1403
10:07 NCR 430
05/01/96
.1401 -
.1403
10:13 NCR 1085
05/01/96
.1501 -
.1504
10:07 NCR 430
05/01/96
.1501 -
.1504
10:13 NCR 1085
05/01/96
.2101 -
.2104
10:07 NCR 4M0
05/01/96
.2101 -
.2104
10:13 NCR «)85
05/01/96
.2201 -
7704
10:07 NCR 430
05/01/96
.2201 -
.2204
10:13 NCR 1085
05/01/96
.2301 -
.2306
10:07 NCR 430
05/01/96
.2301 -
.2306
10:13 NCR 1085
05/01/96
.2401 -
.2404
10:07 NCR 430
05/01/96
.2401 -
.2404
10:13 NCR 1085
05/01/96
.2501 -
.2505
10:07 NCR 430
05/01/96
.2501 -
.2504
10:13 NCR 1085
05/01/96
.2505
10:13 NCR 1085
05/01/96
.3101 -
.3103
10:07 NCR 430
05/01/96
.3101 -
.3103
10:13 NCR 1085
05/01/96
.3201 -
.3203
10:07 NCR 430
05/01/96
.3201 -
.3203
10:13 NCR 1085
05/01/96
.3301 -
.3303
10:07 NCR 430
05/01/96
.3301 -
.3303
10:13 NCR 1085
05/01/96
.3401 -
.3403
10:07 NCR 430
05/01/96
.3401 -
.3403
10:13 NCR 1085
05/01/96
.3501 -
.3503
10:07 NCR 430
05/01/96
.3501 -
.3503
10:13 NCR 1085
05/01/96
.3601 -
.3604
10:07 NCR 430
05/01/96
.3601 -
.3604
10:13 NCR 1085
05/01/96
.3701 -
.3703
10:07 NCR 430
05/01/96
.3701 -
.3703
10:13 NCR 1085
05/01/96
.3801 -
.3803
10:07 NCR 430
05/01/96
.3801 -
.3802
10:13 NCR 1085
05/01/96
.3803
10:13 NCR 1085
05/01/96
.3901 -
.3903
10:07 NCR 430
05/01/96
.3901 -
.3902
10:13 NCR 1085
05/01/96
.3903
10:13 NCR 1085
05/01/96
.4001 -
.4003
10:07 NCR 430
05/01/96
.4001 -
.4003
10:13 NCR 1085
05/01/96
.4101 -
.4104
10:07 NCR 430
05/01/96
.4101 -
.4104
10:13 NCR 1085
05/01/96
.4201 -
.4203
10:13 NCR 1085
05/01/96
.5001 -
.5002
10:07 NCR 430
05/01/96
.5001 -
.5003
10:13 NCR 1085
05/01/96
.5101 -
.5104
10:07 NCR 430
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
Agency Did Not Adopt
Agency Did Not Adopt
Agency EHd Not Adopt
Agency EHd Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
AgeiKy Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
Agency Did Not Adopt
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2940
CUMULATIVE INDEX
Ageocy/C
.ule Citatioii
Proposed in
Proposed
I^ective
HscaJNote
EffectJTe
Other Informatioi]
Register
Date
State
Local
Date
.5101 - .5104
10;13 NCR 1085
05/01/96 05/01/96
.5201 - .5204
.5201 - .5204
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.5301 - .5303
.5301 - .5303
10.07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.5401 - .5403
.5401 - .5403
10K)7NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adc^t
.5501 - .5503
.5501 - .5503
lOKHNCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.5601 - .5603
.5601 - .5603
10O7NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.5701 - .5703
.5701 - .5703
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.5801 - .5804
.5801 - .5804
10O7NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.5901 - .5903
.5901 - .5903
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6001 - .6003
.6001 - .6003
lOKTZNCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adc^t
.6101 - .6103
.6101 - .6103
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6201 - .6202
.6201 - .6202
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6301 - .6303
.6301 - .6302
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6303
10:13 NCR 1085
05/01/96
.6401 - .6403
.6401 - .6403
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adc^t
.6501 - .6503
.6501 - .6503
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6601 - .6603
.6601 - .6603
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6701 - .6702
.6701 - .6702
10O7NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6801 - .6802
.6801 - .6802
10K)7 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
.6901 - .6903
.6901 - .6903
10:07 NCR 430
10:13 NCR 1085
05/01/96
05/01/96 05/01/96
Agency Did Not Adopt
I5A
.0115- .0127
10:13 NCR 1085
01/01/96 X
.0205 - .0228
10:13 NCR 1085
01/01/96 X
ISA
.0124 - .0128
10:07 NCR 430
05/01/96 05/01/96
.0130
10K)7 NCR 430
05/01/96 05/01/96
.0132 - .0133
1007 NCR 430
05/01/96 05/01/96
.0135 - .0136
10:07 NCR 430
05/01/96 05/01/96
18D
.0209
10:14 NCR 1311
01/01/96 01/01/96
18F
.0115- .0117
10:14 NCR 1311
01/01/96 01/01/96
181
.0114- .0120
10O7NCR 430
05/01/96 05/01/96
18J
.0110- .0119
10:07 NCR 430
05/01/96 05/01/96
.0212 - .0213
.0304- .0311
1007 NCR 430
10:07 NCR 430
05/01/96 05/01/96
05/01/96 05/01/96
.0507- .0511
10:08 NCR 656
05/01/96 05/01/96
.0601 - .0604
10:07 NCR 430
05/01/96 05/01/96
.0701 - .0715
10:07 NCR 430
05/01/96 05/01/96
.0801 - .0805
10O7 NCR 430
05/01/96 05/01/96
18K
.0803
.0109- .0116
10:02 NCR 118
10:07 NCR 430
07/01/95 07/01/95
05/01/96 05/01/96
.0262 - .0263
10:08 NCR 656
05/01/96 05/01/96
18L
.0107 - .0108
10:07 NCR 430
05/01/96 05/01/96
.0223 - .0224
.0331 - .0336
10:07 NCR 430
10:07 NCR 430
05/01/96 05/01/96
05/01/96 05/01/96
.0338 - .0339
10:07 NCR 430
05/01/96 05/01/96
.0428 - .0434
10:07 NCR 430
05/01/96 05/01/96
.0504
10:07 NCR 430
05/01/96 05/01/96
2941
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
Agency/Rule Citation
I
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
State Local
Effective
Date
Other Information
I
I
.0511
10:07 NCR
430
05/01/96
.0513
10:07 NCR
430
05/01/96
.0601 -
.0607
10:08 NCR
656
05/01/96
.0701 -
.0705
10«7 NCR
430
05/01/96
.0707
10:07 NCR
430
05/01/96
.0801
10:07 NCR
430
05/01/96
.0803-
.0809
10:07 NCR
430
05/01/96
.0901 -
.0904
10:07 NCR
430
05/01/96
.1001 -
.1006
10:07 NCR
430
05/01/96
.1101 -
.1103
10:07 NCR
430
05/01/96
.1105-
.1107
10:07 NCR
430
05/01/96
.1201
10:07 NCR
430
05/01/96
.1203-
.1206
10:07 NCR
430
05/01/96
.1301 -
.1309
10:07 NCR
430
05/01/96
.1401 -
.1403
10:07 NCR
430
05/01/96
.1501 -
.1525
10:07 NCR
430
05/01/96
18M .0107 -
.0110
10:07 NCR
430
05/01/96
.0206-
.0213
10:07 NCR
430
05/01/96
.0304-
.0307
10:07 NCR
430
05/01/96
.0406-
.0409
10:07 NCR
430
05/01/96
.0505-
.0506
10:07 NCR
430
05/01/96
.0607-
.0608
10:07 NCR
430
05/01/96
.0701
10:07 NCR
430
05/01/96
.0703 -
.0706
10:07 NCR
430
05/01/96
.0708 -
.0714
10:07 NCR
430
05/01/96
.0801 -
.0803
10:07 NCR
430
05/01/96
.0817 -
.0819
10:07 NCR
430
05/01/96
.0824 -
.0838
10:07 NCR
430
05/01/96
.0901 -
.0908
10:07 NCR
430
05/01/96
.1001 -
.1009
10:07 NCR
430
05/01/96
.1101 -
.1106
10:07 NCR
430
05/01/96
.1203-
.1204
10:07 NCR
430
05/01/96
.1302-
.1305
10:07 NCR
430
05/01/96
.1401 -
.1403
10:07 NCR
430
05/01/96
.1405-
.1410
10:07 NCR
430
05/01/96
18N .0105 -
.0110
10:07 NCR
430
05/01/96
.0204-
.0212
10:07 NCR
430
05/01/96
.0305 -
.0306
10:07 NCR
430
05/01/96
.0601 -
.0605
10:08 NCR
656
05/01/96
.0701 -
.0709
10:08 NCR
656
05/01/96
180 .0517 -
.0524
10:08 NCR
656
05/01/96
18P .0901 -
.0903
10:07 NCR
430
05/01/96
.1001 -
.1004
10:07 NCR
430
05/01/96
18Q .0284
10:07 NCR
430
05/01/96
.0286-
.0287
10:07 NCR
430
05/01/96
.0520-
.0521
10:07 NCR
430
05/01/96
.0538 -
.0552
10:07 NCR
430
05/01/96
19C .0209
10:16 NCR 1708
02/01/96
.0408-
.0410
10:16 NCR 1708
02/01/96
.0504
10:16 NCR 1708
02/01/96
.0509-
.0512
10:16 NCR 1708
02/01/96
.0602
10:16 NCR 1708
02/01/96
.0604
10:16 NCR 1708
02/01/96
.0702-
.0703
10:16 NCR 1708
02/01/96
19G .0501 -
.0502
10:14 NCR 1312
01/01/96
.0603
10:14 NCR 1312
01/01/96
.0606-
.0612
10:14 NCR 1312
01/01/96
.0803
10:14 NCR 1312
01/01/96
.0806
10:14 NCR 1312
01/01/96
.0817
10:14 NCR 1312
01/01/96
.0823
10:14 NCR 1312
01/01/96
20A .0102
10:16 NCR 1716
02/01/96
20B .0204-
.0206
10:16 NCR 1716
02/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
05/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
02/01/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2942
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effectire
Dale
Fiscal Note
State Local
Effective
Date
Other Informatioii
i
.0208-
.0210
10:16 NCR 1716
02/01/96
.0218
10:16 NCR 1716
02/01/96
.0222
10:16 NCR 1716
02/01/96
.0224
10:16 NCR 1716
02/01/96
.0226-
.0227
10:16 NCR 1716
02/01/96
20C
.0205
10:16 NCR 1716
02/01/96
X
02A)l/96
.0316
10:16 NCR 1716
02/01/96
X
02A)l/96
26B
.0105
.0105
10:18 NCR 2398
10:22 NCR 2831
08/01/96
Rule-Making Proceeding
.0110
10K)8 NCR 660
10/01/95
10/01/95
.0112
10:16 NCR 1721
02/01/96
02/01/96
.0113
10:16 NCR 1721
02^01/96
.0124
10:02 NCR 118
07/01/95
X
07/01/95
26G
.0703-
.0705
10:12 NCR 982
12/01/95
12/01/95
26H
.0212-
.0213
10:13 NCR 1153
01/01/96
X
01/01/96
.0213
10:02 NCR 118
07/01/95
07/01/95
.0213
10:14 NCR 1317
01/01/96
X
01/01/96
.0302
10:04 NCR 228
08/01/95
X
08/01/95
.0304-
.0305
lOKM NCR 228
08/01/95
X
08/01/95
.0308-
.0309
10:04 NCR 228
08/01/95
X
08/01/95
.0506
10:21 NCR 2686
Rule-Making Proceedings
.0508
10:12 NCR 982
12/01/95
12/01/95
261
.0101
10:10 NCR 826
11/01/95
12/11/95
Filed over RRC Objection
.0102
10:10 NCR 826
11/01/95
12/01/95
.0103
10:10 NCR 826
11/01/95
12/11/95
Filed over RRC Objection
.0104-
.0107
10:10 NCR 826
11/01/95
12/01/95
26K
.0006
10:15 NCR 1479
02/01/96
02A)l/96
39D
.0302-
.0303
10K)9 NCR 722
11/01/95
11/01/95
.0304
10:15 NCR 1483
02/01/96
X
41F
.0706
\0m NCR 196
08/01/95
08/01/95
.0706
10:21 NCR 2726
01/01/96
Temporary Repeal
.0707
10:21 NCR 2726
01/01/96
Tenqxjraiy Adoption
.0812
10:03 NCR 196
08/01/95
08/01/95
.0812
10:21 NCR 2726
01/01/96
Temporary' Rq^eal
.0813
10:21 NCR 2726
01/01/96
Temporary Adoption
411
.0100
.0102
10:17 NCR 2228
10:21 NCR 2687
07/01/96
Rule-Making Proceedings
42A
.0701 -
.0703
10^21 NCR 2728
01/01/96
Temporary Adoption
42B
.1209
10:13 NCR 1158
01/01/96
.1209
10:21 NCR 2729
01/01/96
Temporary Repeal
.1210-
.1211
10:21 NCR 2729
01/01/96
Temporary Adoption
.2402-
.2405
10:21 NCR 2729
01/01/96
Temporary Adc^tion
42C
.2010
10:13 NCR 1158
01/01/96
.2010
10:21 NCR 2729
01/01/96
Temporary' Repeal
.2011 -
.2012
10:21 NCR 2729
01/01/96
Temporary Adoption
.3701 -
.3704
10:21 NCR 2729
01/01/96
Temporary Adoption
42D
.1409
10:13 NCR 1158
01/01/96
.1409
10:21 NCR 2729
01/01/96
Temporary R^eal
.1410-
.1411
10:21 NCR 2729
01/01/96
TerrqKirary Adc^tion
.1827-
.1830
10:21 NCR 2729
01/01/96
Temporary Adoption
42H
.0911
10K)9NCR 722
12/01/95
12/01/95
42V
.0201
10:20 NCR 2597
12/12/95
Temporary Amendment
.0802-
.0803
10i20 NCR 2597
12/12/95
Temporary Amerximent
42W
.0001 -
.0002
10:10 NCR 828
11/01/95
11/01/95
46A
.0001
10:16 NCR 1724
02/01/96
02/01/96
.0005
10:16 NCR 1724
02/01/96
02/01/96
46C
.0107
10:16 NCR 1724
02/01/96
02/01/96
46D
.0101
10:16 NCR 1724
02/01/96
02/01/96
.0103
10:16 NCR 1724
02/01/96
02/01/96
.0105
10:16 NCR 1724
02/01/96
02/01/96
.0106-
.0107
10:16 NCR 1724
02/01/96
.0202
10:16 NCR 1724
02/01/96
46E
.0108
10:16 NCR 1724
02/01/96
{
{
2943
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Agency/Rule Citatim
Proposed in
Register
Proposed
EffectiTe
Date
Fiscal Note
State Local
EffectiTe
Date
Other Information
I
I
.0109
10:16 NCR 1724
02/01/96
.0111
10:16 NCR 1724
02/01/96
46F
.0107 -
.0108
10:16 NCR 1724
02/01/96
.0110
10:16 NCR 1724
02/01/96
46G
.0110
10:16 NCR 1724
02/01/96
.0113
10:16 NCR 1724
02/01/96
.0214
10:16 NCR 1724
02/01/96
46H
.0101
10:16 NCR 1724
02/01/96
.0103 -
.0105
10:16 NCR 1724
02/01/96
.0108
10:16 NCR 1724
02/01/96
.0110
10:16 NCR 1724
02/01/96
.0201 -
.0203
10:16 NCR 1724
02/01/96
.0206-
.0207
10:16 NCR 1724
02/01/96
47B
.0404-
.0405
10:15 NCR 1483
02/01/96
49B
.0102
10:15 NCR 1483
02/01/96
49C
.0107
10:16 NCR 1731
02/01/96
SOB
.0313
10:14 NCR 1321
01/01/96
SOD
.0101 -
.0103
10:15 NCR 1479
02/01/96
.0201
10:15 NCR 1479
02/01/96
.0301 -
.0302
10:15 NCR 1479
02/01/96
.0401 -
.0402
10:15 NCR 1479
02/01/96
.0501 -
.0503
10:15 NCR 1479
02/01/96
INSURANCE
11 NCAC 04
.0120-
.0121
10:15 NCR 1489
02/01/96
.0122
10:15 NCR 1489
02/01/96
.0123-
.0124
10:15 NCR 1489
02/01/96
.0421 -
.0422
10:15 NCR 1489
02/01/96
.0429-
.0430
10:15 NCR 1489
02/01/96
.0501 -
.0509
10:16 NCR 1732
01/01/97
06A
.0201
10:16 NCR 1738
02/01/96
.0217
10:16 NCR 1738
02/01/96
.0225-
.0226
10:16 NCR 1738
02/01/96
.0234
10:16 NCR 1738
02/01/96
.0235-
.0236
10:16 NCR 1738
02/01/96
.0240
10:16 NCR 1738
02/01/96
.0301 -
.0302
10:16 NCR 1738
02/01/96
.0304
10:16 NCR 1738
02/01/96
.0305 -
.0306
10:16 NCR 1738
02/01/96
.0402
10:16 NCR 1738
02/01/96
.0410
10:16 NCR 1738
02/01/96
.0413
10:16 NCR 1738
02/01/96
.0417
10:16 NCR 1738
02/01/96
.0501
10:16 NCR 1738
02/01/96
.0701 -
.0705
10:16 NCR 1738
02/01/96
.0808 -
.0810
10:16 NCR 1738
02/01/96
.0812
10:04 NCR 246
08/01/95
.0813
10:16 NCR 1738
02/01/96
.0901 -
.0904
10:16 NCR 1738
02/01/96
09
.0101 -
.0104
10:15 NCR 1490
02/01/96
.0201 -
.0203
10:15 NCR 1490
02/01/96
10
.0105
10:15 NCR 1492
02/01/96
.0605
10:15 NCR 1492
02/01/96
.1102-
.1103
10:15 NCR 1492
02/01/96
.1110-
.1111
10:15 NCR 1492
02/01/96
.1603
10:15 NCR 1492
02/01/96
HE
.0111
10:15 NCR 1503
02/01/96
.0114
10:15 NCR 1503
02/01/96
.0140
10:15 NCR 1503
02/01/96
.0141
10:15 NCR 1503
02/01/96
.0142
10:15 NCR 1503
02/01/96
.0146
10:15 NCR 1503
02/01/96
.0148
10:15 NCR 1503
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
01/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
08/01/95
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2944
CUMULATIVE INDEX
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
State Local
Effectiye
Date
O&er Inf ormatien
i
.0302-
.0305
10:15 NCR 1503
02A)l/96
.0306
10:15 NCR 1503
02AI1/96
.0601
10:15 NCR 1503
02A)l/96
.0602
10:16 NCR 1751
02/01/96
.0604
10:16 NCR 1751
02/01/96
.0607
10:16 NCR 1751
02A)l/96
.0610
10:16 NCR 1751
02/01/96
.0612
10:16 NCR 1751
02A51/96
.0616
10:16 NCR 1751
02/01/96
.0617
10:16 NCR 1751
02/01/96
lie
.0112
10:15 NCR 1503
O2J0V96
.0113
10:15 NCR 1503
02/01/96
.0118
10:15 NCR 1503
02/01/96
.0132
10:15 NCR 1503
02/01/96
.0313
10:15 NCR 1503
02/01/96
.0504-
.0505
10:15 NCR 1503
02/01/96
IID
.0108 -
.0109
10:15 NCR 1503
02/01/96
.0302 ■
.0305
10:15 NCR 1503
02/01/96
IIF
.0401 -
.0405
10:16 NCR 1756
02/01/97
12
.0307
10:16 NCR 1764
02/01/96
.0326
10:16 NCR 1764
02/01/96
.0415-
.0416
10:16 NCR 1764
02/01/96
.0436
10:16 NCR 1764
02/01/96
.0449
10:16 NCR 1764
02/01/96
.(mo
10:16 NCR 1764
02/01/96
.0514
10:16 NCR 1762
02/01/96
.0551
10:18 NCR 2399
.0551
10:22 NCR 2831
08/01/96
.0552
10:16 NCR 1764
02/01/96
.0562
10:16 NCR 1764
02/01/96
.0822
10:16 NCR 1764
02/01/96
.0824-
.0825
10:16 NCR 1764
02/01/96
.0835
10:16 NCR 1764
02/01/96
.0837
10:16 NCR 1764
02/01/96
.0839
10:16 NCR 1764
02/01/96
.0901
10:16 NCR 1787
03/01/96
.0918-
.0919
10:16 NCR 1787
03/01/96
.1004
10:16 NCR 1764
02/01/96
.1601 -
.1604
10:16 NCR 1764
02/01/96
.1701 -
.1709
10:16 NCR 1764
02/01/96
13
.0317
10:15 NCR 1513
02/01/96
.0319
10:15 NCR 1513
02/01/96
14
.0202
10:15 NCR 1503
02/01/96
.0430-
.0432
10:15 NCR 1503
02/01/96
.0603
10:15 NCR 1503
02/01/%
.0705
10:15 NCR 1503
02/01/96
16
.0602
.0703
10:15 NCR 1514
10:18 NCR 2399
02/01/96
.0703
10:22 NCR 2832
08/01/96
.0704
10:11 NCR 900
12/01/95
17
.0003
10:16 NCR 1787
02/01/96
.0006
10:16 NCR 1764
02/01/96
20
.0101
10:16 NCR 1787
03/01/96
.0201 -
.0205
10:16 NCR 1787
03/01/96
.0301 -
.0304
10:16 NCR 1787
03/01/96
.0401 -
.0410
10:16 NCR 1787
03/01/96
.0501 -
.0511
10:16 NCR 1787
03/01/96
.0601 -
.0602
10:16 NCR 1787
03/01/96
.0701 -
.0703
10:16 NCR 1787
06/01/96
21
.0101 -
.0110
10:16 NCR 1787
03/01/96
rUSTICE
12 NCAC 04E
.0104
10K)7 NCR 573
10/01/95
02AD1/96
02/01/96
02A)l/96
02/01/96
02/01/96
02A)l/96
02A)l/96
02A)l/96
02A)l/96
02A)l/96
O2J0U96
02/01/96
02A)l/96
02A)l/96
02/01/96
02A)l/96
02A)l/96
02A)l/96
02A)l/96
02A)l/96
02/01/96
02/01/96
02JQV96
02A)l/96
02A)l/96
02A)l/96
02/01/96
02/01/96
02/01/96
02A)l/96
02A)l/96
02/01/96
02/01/96
02/01/96
02/01/96
02A)l/96
12/01/95
02/01/96
Rule-Making Proceediiig
i
Rule-Making Proceeding
i
10/01/95
2945
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
I
I
Ageocy/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Effective
Date
Other Information
Fiscal Note
State
Local
07D
.0201
10:07 NCR
575
10/01/95 12/01/95
.0204
10:11 NCR
900
12/01/95 02/01/96
.0301
10:07 NCR
575
10/01/95 12/01/95
.0401
10:07 NCR
575
10/01/95 12/01/95
.0701
10:07 NCR
575
10/01/95 12/01/95
.0706
10:07 NCR
575
10/01/95 12/01/95
.0801
10:07 NCR
575
10/01/95 12/01/95
.0806
10:07 NCR
575
10/01/95 12/01/95
.0808
10:16 NCR 1796
02/01/96
.0902
10:07 NCR
575
10/01/95 12/01/95
.0904
10:07 NCR
575
10/01/95 12/01/95
09A
.0204
10:02 NCR
122
08/01/95 08/01/95
09B
.0113
10:02 NCR
122
08/01/95 08/01/95
.0201 -
.0202
10:02 NCR
122
08/01/95 01/01/96
.0205
10:02 NCR
122
08/01/95 07/01/97
.0206
10:02 NCR
122
08/01/95 08/01/95
.0210
10:02 NCR
122
08/01/95 08/01/95
.0212-
.0214
10:02 NCR
122
08/01/95 08/01/95
_
.0226-
.0228
10:02 NCR
122
08/01/95 08/01/95
.0232-
.0233
10:02 NCR
122
08/01/95 08/01/95
09C
.0401
10:02 NCR
122
08/01/95 08/01/95
.0601
lOKGNCR
122
08/01/95 08/01/95
09D
.0102
10:02 NCR
122
08/01/95 08/01/95
.0104-
.0106
10:02 NCR
122
08/01/95 08/01/95
09F
.0101 -
.0107
10:16 NCR 1797
05/01/96
lOB
.0102-
.0103
10:09 NCR
723
01/01/96 01/01/96
.0105
10:09 NCR
723
01/01/96 01/01/96
.0204
10:09 NCR
723
01/01/96 01/01/96
.0301
10:09 NCR
723
01/01/96 01/01/96
.0304
10:09 NCR
723
01/01/96 01/01/96
.0307
10:09 NCR
723
01/01/96 01/01/96
.0401 -
.0403
10O9NCR
723
01/01/96 01/01/96
.0405
10:09 NCR
723
01/01/96 01/01/96
.0407-
.0409
10:09 NCR
723
01/01/96 01/01/96
.0502-
.0503
10:09 NCR
723
01/01/96 01/01/96
.0505
10:09 NCR
723
01/01/96 01/01/96
.0601 -
.0607
10:09 NCR
723
01/01/96 01/01/96
.0702-
.0706
10:09 NCR
723
01/01/96 01/01/96
.0801 -
.0803
10.09 NCR
723
01/01/96 01/01/96
.0901
10:09 NCR
723
01/01/96 01/01/96
.0903 -
.0906
10:09 NCR
723
01/01/96 01/01/96
.0908-
.0912
10:09 NCR
723
01/01/96 01/01/96
.1004-
.1005
10:09 NCR
723
01/01/96 01/01/96
.1201 -
.1205
10:09 NCR
723
01/01/96 01/01/96
11
.0210
10:05 NCR
301
09/01/95 10/01/95
LABOR
13 NCAC
10:01 NCR
10
01/01/96
Notice on Subject Matter
10:01 NCR
12
01/01/96
Notice on Subject Matter
10:02 NCR
149
10/01/95
Notice on Subject Matter
10:02 NCR
149
01/01/96
Notice on Subject Matter
10:02 NCR
149
01/01/96
Notice on Subject Matter
10:02 NCR
149
02/01/96
Notice on Subject Matter
10:03 NCR
196
01/01/96
Notice on Subject Matter
10:03 NCR
197
01/01/96
Notice on Subject Matter
06
10:16 NCR 1799
04/01/96
Notice on Subject Matter
07F
.0101
10:16 NCR 1800
04/01/96 04/01/%
.0201
10:16 NCR 1823
02/01/96 02/01/96
12
.0101
10:02 NCR
142
08/01/95
.0303-
.0315
10:02 NCR
142
08/01/95
.0501 -
.0502
10:02 NCR
142
08/01/95
.0803-
.0808
10:02 NCR
142
08/01/95
15
10:16 NCR 1827
04/01/96
Notice on Subject Matter
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2946
CUMULATIVE INDEX
Agency fRule Citation
_^ .
Fiscal Note
Effective
Date
Other Information
Proposed ia
Register
EffectiTe
Date
State
Local
18
.0101 - .0110
10:14 NCR 1323
01/01/96
LANDSCAPE ARCHITECTS
21 NCAC 26
.0307
10:15 NCR 1583
02/01/96
LIST OF RULES CODIHED
10:02 NCR 167
10:04 NCR 272
10:06 NCR 392
10:09 NCR 783
10:10 NCR 845
10:12 NCR 1017
10:15 NCR 1585
10:20 NCR 2602
10:20 NCR 2611
10:22 NCR 2562
MARRIAGE AND FAMILY THERAPY LICENSURE BOARD
21 NCAC 31
.0102
10:16 NCR 2062
03/01/96
.0104
10:16 NCR 2062
03/01/96
.0201 - .0203
10:16 NCR 2062
03/01/96
.0301 - .0304
10:16 NCR 2062
03/01/96
.0401 - .0404
10:16 NCR 2062
03/01/96
.0501 - .0506
10:16 NCR 2062
03/01/96
.0601 - .0609
10:16 NCR 2062
03/01/96
.0701
10:16 NCR 2062
03/01/96
.0801
10:16 NCR 2062
03/01/96
.0901
10:16 NCR 2062
03/01/96
MEDICAL EXAMINERS
21 NCAC 32B
.0901 - .0902
10:10 NCR 831
11/01/95
32F
.0003
10:10 NCR 831
11/01/95
32H
10:18 NCR 2400
.0101 - .0102
10:22 NCR 2835
08/01/96
.0102
10:02 NCR 151
07/01/96
.0201
10:02 NCR 151
07/01/96
.0201
10:22 NCR 2835
08/01/96
.0203
10:02 NCR 151
07/01/96
.0203
10:22 NCR 2835
08/01/96
.0301 - .0303
10:22 NCR 2835
08/01/96
.0401 - .0404
10:22 NCR 2835
08/01/96
.0406 - .0408
10:22 NCR 2835
08/01/96
.0408
10:02 NCR 151
07/01/96
.0409
10:22 NCR 2835
08/01/96
.0501 - .0502
10:22 NCR 2835
08/01/96
.0504 - .0506
10:22 NCR 2835
08/01/96
.0506
10:02 NCR 151
07/01/96
.0507
10:22 NCR 2835
08/01/96
.0601
10:02 NCR 151
07/01/95
.0602
10:02 NCR 151
07/01/96
.0601 - .0602
10:22 NCR 2835
08/01/96
.0701 - .0702
10:22 NCR 2835
08/01/96
.0801
10:02 NCR 151
07/01/96
.0801
10:22 NCR 2835
08/01/96
.0901 - .0902
10:22 NCR 2835
08/01/96
.1001
10:02 NCR 151
07/01/96
321
.0003 - .0004
10:02 NCR 151
07/01/95
32M
.0001
10:10 NCR 831
11/01/95
.0002 -.0004
10:10 NCR 831
11/01/95
.0005 - .0006
10:10 NCR 831
11/01/95
.0007 - .0012
10:10 NCR 831
11/01/95
01/01/96
i
Rules
Rules
Rules
Rules
Rules
Rules
Rules
Rules
Rules
Rules
FUed 03/95
Filed 04/95
Filed 05/95
FUed 06/95
Filed 07/95
Filed 08/95
Filed 09/95
FUed 10/95
Filed 11/95
Filed 12/95
12/01/95
12/01/95
07/01/96
07/01/96
i
Rule-Making Proceeding
07/01/96
07/01/96
09/01/95
07/01/96
07/01/96
07/01/96
09/01/95
01/01/96
01/01/96
01/01/96
01/01/96
i
MORTUARY SCIENCE
2947
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
^
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
I
^
21
NCAC 34B
.0401
10:13 NCR 1182
01/01/96
34D
.0202
10:13 NCR 1182
01/01/96
.0301
10:13 NCR 1182
01/01/96
Nl
USING, BOARD OF
21
NCAC 36
.0109
10
11 NCR
908
01/01/96
.0202 -
.0203
10
11 NCR
908
01/01/96
.0209
10
11 NCR
908
01/01/96
.0211
10
11 NCR
908
01/01/96
0216-
0219
10
11 NCR
908
01/01/96
0221
10
11 NCR
908
01/01/96
.0225
10
11 NCR
908
01/01/96
.0227
10
11 NCR
908
01/01/96
.0228
10
16 NCR
2068
02/01/96
.0318
10
11 NCR
908
01/01/96
0320
10
11 NCR
908
01/01/96
.0322
10
11 NCR
908
01/01/96
.0401 -
.0405
10
10 NCR
839
12/01/95
M
FRSING HOME ADlVtl>flSTRATORS
21
NCAC 37
.0101
10:04 NCR
262
08/01/95
.0302
10:03 NCR
206
08/01/95
.0404
10:03 NCR
206
08/01/95
.0502
10:03 NCR
206
08/01/95
.0603
10:03 NCR
206
08/01/95
.0904
10:04 NCR
262
08/01/95
.0912
10:03 NCR
206
08/01/95
.0914
10:03 NCR
206
08/01/95
37A
.0101
10:16 NCR
2069
04/01/96
0108
10:16 NCR
2069
04/01/96
Olio
10:16 NCR
2069
04/01/96
0208
10:16 NCR
2069
04/01/96
.0211
10:16 NCR
2069
04/01/96
.0306
10:16 NCR
2069
04/01/96
0308
10:16 NCR
2069
04/01/96
.0506
10:16 NCR
2069
04/01/96
.0603 -
.0604
10:16 NCR
2069
04/01/96
.0702-
.0707
10:16 NCR
2069
04/01/96
.0805
10:16 NCR
2069
04/01/96
.0901
10:16 NCR
2069
04/01/96
.0905
10:16 NCR
2069
04/01/96
.0907
10:16 NCR
2069
04/01/96
.1203
10:16 NCR
2069
04/01/96
37B
.0101 -
.0103
10:16 NCR
2069
04/01/96
.0201
10:16 NCR
2069
04/01/96
.0203
10:16 NCR
2069
04/01/96
.0205
10:16 NCR
2069
04/01/96
37C
.0101 -
.0103
10:16 NCR
2069
04/01/96
37D
.0101 -
.0102
10:16 NCR
2069
04/01/96
.0201 -
.0203
10:16 NCR
2069
04/01/96
.0301 -
.0303
10:16 NCR
2069
04/01/96
.0402-
.0406
10:16 NCR
2069
04/01/96
.0408-
.0412
10:16 NCR
2069
04/01/96
.0501 -
.0503
10:16 NCR
2069
04/01/96
.0601 -
.0603
10:16 NCR
2069
04/01/96
.0605
10:16 NCR
2069
04/01/96
.0701 -
.0703
10:16 NCR
2069
04/01/96
37E
0101 -
.0102
10:16 NCR
2069
04/01/96
37F
.0101 -
0102
10:16 NCR
2069
04/01/96
37G
0101 -
.0102
10:16 NCR
2069
04/01/96
.0201 ■
.0202
10:16 NCR
2069
04/01/96
.0301
10:16 NCR
2069
04/01/96
.0401
10
16 NCR
2069
04/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
01/01/96
12/01/95
08/01/95
N/A
N/A
08/01/95
08/01/95
N/A
08/01/95
N/A
Agency withdrew Rule
Agency withdrew Rule
Agency withdrew Rule
Agency withdrew Rule
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2948
CUMULATIVE INDEX
Ag«Dcy/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal
Note
Efrective
State
Local
Date
37H
.0101 -
.0104
10:16 NCR 2069
04/01/96
371
.0101
10:16 NCR 2069
04/01/96
OPTICIANS
21 NCAC 40
.0314
10:16 NCR 2081
02/01/96
PASTORAL COUNSELORS, FEE-BASED PRACTICING
21 NCAC 45
.0101
10:16 NCR 2082
03/01/96
.0201 -
.0203
10:16 NCR 2082
03/01/96
.0301 -
.0303
10:16 NCR 2082
03/01/96
.0401 -
.0402
10:16 NCR 2082
03/01/96
.0501
10:16 NCR 2082
03/01/96
.0601
10:16 NCR 2082
03/01/96
.0701
10:16 NCR 2082
03/01/96
.0801 -
.0802
10:16 NCR 2082
03/01/96
.0901
10:16 NCR 2082
03/01/96
.1001
10:16 NCR 2082
03/01/96
PHARMACY, BOARD OF
21 NCAC 46
.1204
10:16 NCR 2085
05/01/96
.1317
10:16 NCR 2085
05/01/96
.1401 -
.1404
10:16 NCR 2085
05/01/96
.1406
10:16 NCR 2085
05/01/96
.1408
10:16 NCR 2085
05/01/96
.1410-
.1417
10:16 NCR 2085
05/01/96
.1505
10:16 NCR 2085
05/01/96
.1601 -
.1604
10:16 NCR 2085
05/01/96
.1607
10:16 NCR 2085
05/01/96
.1701 -
.1705
10:16 NCR 2085
05/01/96
.1810-
.1811
10:16 NCR 2085
05/01/96
.1910
10:16 NCR 2085
05/01/96
.2104
10:16 NCR 2085
05/01/96
.2403
10:16 NCR 2085
05/01/96
.2502
10:16 NCR 2085
05/01/96
.2504
10:16 NCR 2085
05/01/96
.2506
10:16 NCR 2085
05/01/96
.2602
10:16 NCR 2085
05/01/96
.2609
10:16 NCR 2085
05/01/96
.2611
10:16 NCR 2085
05/01/96
PHYSICAL THERAPY EXAMINERS
21 NCAC 48A
.0001
10:16 NCR 2107
02/01/96
.0004
10:16 NCR 2107
02/01/96
48B
.0002
10:16 NCR 2107
02/01/96
48C
.0103
10:08 NCR 671
10/01/95
4SD
.0006
10:08 NCR 671
10/01/95
.0008
10:08 NCR 671
10/01/95
.0009-
.0011
10:16 NCR 2107
02/01/96
.0011
10:08 NCR 671
10/01/95
48E
.0101
10:16 NCR 2107
02/01/96
.0104
10:16 NCR 2107
02/01/96
.0110
10:08 NCR 671
10/01/95
.0110
10:16 NCR 2107
02/01/96
48F
.0002
10:08 NCR 671
10/01/95
.0003
10:16 NCR 2107
02/01/96
48G
.0501 -
.0516
10:08 NCR 671
10/01/95
.0504
10:16 NCR 2107
02/01/96
.0509
10:16 NCR 2107
02/01/96
.0601
10:08 NCR 671
10/01/95
.0601
10:16 NCR 2107
02/01/96
48H
.0102
10:16 NCR 2107
02/01/96
.0104
10:08 NCR 671
10/01/95
.0701 -
.0704
10O8 NCR 671
10/01/95
02/01/96
02/01/96
02/01/96
02/01/96
N/A
10/01/95
10/01/95
02/01/96
10/01/95
02/01/96
02/01/96
10/01/95
02/01/96
10/01/95
02/01/96
10/01/95
02/01/96
02/01/96
10/01/95
02/01/96
02/01/96
10/01/95
10/01/95
i
i
Agency withdrew.' Rule
i
2949
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Agency/Rule Citation
Proposed in
Register
Proposed
Effective
Fiscal Note
Effective
Date
Other Infonnation
Local
.0701
10:16 NCR 2107
02/01/96
02/01/96
PLUMBING, HEATING & nRE SPRINKLER CONTRACTORS
21 NCAC 50 .0402 10:01 NCR 39 09/01/95
.0505 10:01 NCR 39 09/01/95
09/01/95
N/A
Agency Did Not Adopt
I
^
PROFESSIONAL COUNSELORS
21 NCAC 53 .0204-
.0211
10:01 NCR 40
07/01/95
.0301
10:01 NCR 40
07/01/95
.0305 -
.0309
10:01 NCR 40
07/01/95
.0310
10:01 NCR 40
07/01/95
.0403 -
.0405
10:01 NCR 40
07/01/95
.0601 -
.0604
10:01 NCR 40
07/01/95
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
21 NCAC 56 .0802
10:11 NCR 934
12/01/95
.0804
10:11 NCR 934
12/01/95
.0902
10:11 NCR 934
12/01/95
.1103
10:11 NCR 934
12/01/95
.1301
10:11 NCR 934
12/01/95
.1602
10:11 NCR 934
12/01/95
.1604
10:11 NCR 934
12/01/95
.1608
10:11 NCR 934
12/01/95
.1707
10:11 NCR 934
12/01/95
.1712-
.1713
10:11 NCR 934
12/01/95
PSVCHOLOGY BOARD
21 NCAC 54
10:21 NCR 2698
.1604-
.1605
10:16 NCR 2111
03/01/96
.1608
10:16 NCR 21 11
03/01/96
.1610
10:16 NCR2111
03/01/96
.1701
10:11 NCR 929
12/01/95
.1703 -
.1705
10:16 NCR 2111
03/01/96
.1707
10:11 NCR 929
12/01/95
.1801 -
.1803
10:16 NCR 2111
03/01/96
.1901
10:16 NCR 21 11
03/01/96
.1904
10:16 NCR 2111
03/01/96
.2001 -
.2005
10:16 NCR 2111
03/01/96
.2007-
.2009
10:16 NCR 2111
03/01/96
.2101
10:16 NCR 2111
03/01/96
.2103
10:16 NCR 21 11
03/01/96
.2201 -
7704
10:16 NCR 2111
03/01/96
.2704-
.2706
10:11 NCR 929
12/01/95
PUBLIC EDUCATION
16 nca:: 06A .oooi -
.0002
10:16 NCR 1997
04/01/96
06B .0001 -
.0002
10:16 NCR 1997
04/01/96
.0004-
.0006
10:16 NCR 1997
04/01/96
06C .0101
10:15 NCR 1565
04/01/96
.0313
10:15 NCR 1565
04/01/96
.0401
10:17 NCR 2229
06D .0102
10:16 NCR 1997
04/01/96
.0104
10:16 NCR 1997
04/01/96
.0106
10:07 NCR 584
11/01/95
.0301 -
.0302
10:16 NCR 1997
04/01/96
06E .0101 -
.0102
10:16 NCR 1997
04/01/96
.0104
10:16 NCR 1997
04/01/96
.0202
10:16 NCR 1997
04/01/96
06G .0301 -
.0303
10:16 NCR 1997
04/01/96
06H .0001
10:16 NCR 1997
04/01/96
.0006-
.0008
10:16 NCR 1997
04/01/96
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
02/01/96
01/01/96
01/01/96
01/01/96
Reschedule Hearing 10:16
11/15/95 Temporary Amendment Rule
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2950
CUMULATIVE INDEX
Agency/Rule Citatioii
Proposed in
Register
Proposed
EffectiTe
Date
FtscaJ Note
State L.ocal
Effective
Date
Other Information
i
REAL ESTATE COMMISSION
21 NCAC 58 A
.0101
10:22 NCR 2829
.0104
10:16 NCR 2124
03/01/96
.0105
10:22 NCR 2829
.0107
10:16 NCR 2124
03/01/96
.0109-
.0110
10:22 NCR 2829
.0110
10:02 NCR 157
07/01/95
.0113
10:16 NCR 2124
03/01/96
.0302
10:16 NCR 2124
03/01/96
.0302
10:22 NCR 2829
.0401 -
.0402
10:16 NCR 2124
03/01/96
.0403
10:04 NCR 263
08/01/95
.0502
10:16 NCR 2124
01/01/97
.0503
10:04 NCR 263
08/01/95
.0503 -
.0504
10:22 NCR 2829
.0503 -
.0506
10:16 NCR 2124
03/01/96
.0504-
.0506
10:02 NCR 157
07/01/95
.0505
10:04 NCR 263
08/01/95
.0510
10:16 NCR 2124
03/01/96
.0610
10:16 NCR 2124
03/01/96
.1501 -
.1502
10:22 NCR 2829
.1601
10:22 NCR 2835
.1702
10:16 NCR 2124
03/01/96
.1703
10:02 NCR 157
07/01/95
.1707-
.1708
10:02 NCR 157
07/01/95
.1708
10:16 NCR 2124
03/01/96
.1710-
.1711
10:02 NCR 157
07/01/95
.1711
10:16 NCR 2124
03/01/96
58C
.0104
10:16 NCR 2124
03/01/96
.0305 -
.0307
10:16 NCR 2124
03/01/96
.0311 -
.0312
10:16 NCR 2124
03/01/96
58E
.0103
10:02 NCR 157
07/01/95
.0203 -
.0204
10:02 NCR 157
07/01/95
.0203 -
.0204
10:16 NCR 2124
03/01/96
.0302-
.0304
10:16 NCR 2124
03/01/96
.0303 -
.0305
10:02 NCR 157
07/01/95
.0310
10:16 NCR 2124
03/01/96
.0406-
.0407
10:02 NCR 157
07/01/95
.0406-
.0407
10:16 NCR 2124
03/01/96
.0411
10:16 NCR 2124
03/01/96
.0503
10:16 NCR 2124
03/01/96
.0506
10:02 NCR 157
07/01/95
.0511
10:16 NCR 2124
03/01/96
.0515
10:02 NCR 157
07/01/95
REFRIGERATIO
N EXAMINERS
21 NCAC 60
.0102
10:04 NCR 264
08/01/95
.0105
10:09 NCR 781
11/01/95
.0204
10:04 NCR 264
08/01/95
.0314
10:04 NCR 264
08/01/95
.1102
10:04 NCR 264
08/01/95
.1103
10:09 NCR 781
11/01/95
REVENUE
Tax Review Board
10:01 NCR 03
Tax Review Board
10:07 NCR 428
Tax Review Board
10:09 NCR 716
Tax Review Board
10:11 NCR 890
Tax Review Board
10:17 NCR 2224
17 NCAC OIC
.0504
.0506
10:20 NCR 2599
10:20 NCR 2599
06B
.0612
10:22 NCR 2833
07/01/96
.3716
10:22 NCR 2833
07/01/96
07/01/95
08/01/95
08/01/95
07/01/95
08/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
07/01/95
08/01/95
11/01/95
08/01/95
08/01/95
08/01/95
11/01/95
Rule-Maldng Proceedings
Rule-Making Proceedings
Rule-Making Proceedings
Rule-Making Proceedings
Rule-Making Proceedings
Rule-Making Proceedings
Rule-Making Proceedings
12/20/95 Temporary Amendment
12/20/95 Temporary Amendment
i
2951
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Agency/Rule Citation
Proposed in
Proposed
Fiscal Note
Effective
State
Local
Date
Date
I
1^
07B
.1101
10:21 NCR 2688
05/01/96
.1105
10:21 NCR 2688
05/01/96
.1108-
.1110
10:21 NCR 2688
05/01/96
.1112
10:21 NCR 2688
05/01/96
.1114
10:21 NCR 2688
05/01/96
.1123
10:21 NCR 2688
05/01/96
.1602
10:21 NCR 2688
05/01/96
.1701 -
.1702
10:21 NCR 2688
05/01/96
.1802
10:21 NCR 2688
05/01/96
.2401
10:21 NCR 2688
05/01/96
.2601
10:21 NCR 2688
05/01/96
.4002
10:21 NCR 2688
05/01/96
.4004
10:21 NCR 2688
05/01/96
.4008
10:21 NCR 2688
05/01/96
.4301
10:21 NCR 2688
05/01/96
.4408
10:21 NCR 2688
05/01/96
.4902
10:21 NCR 2688
05/01/96
09G
.0102
10:16 NCR 2006
11/30/96
.0104-
.0105
10:16 NCR 2006
11/30/96
.0107
10:16 NCR 2006
11/30/96
.0201 -
.0203
10:16 NCR 2006
11/30/96
.0301 -
.0304
10:16 NCR 2006
11/30/96
.0306
10:16 NCR 2006
11/30/96
.0402-
.0404
10:16 NCR 2006
11/30/96
.0502-
.0509
10:16 NCR 2006
11/30/96
.0512
10:16 NCR 2006
11/30/96
.0514
10:16 NCR 2006
11/30/96
.0516
10:16 NCR 2006
11/30/96
09H
.0102-
.0103
10:16 NCR 2006
11/30/96
.0105
10:16 NCR 2006
11/30/96
.0202-
.0203
10:16 NCR 2006
11/30/96
.0206-
.0210
10:16 NCR 2006
11/30/96
.0302-
.0303
10:16 NCR 2006
11/30/%
.0305 -
.0306
10:16 NCR 2006
11/30/96
.0409
10:16 NCR 2006
11/30/96
09K
.0201 -
.0206
10:16 NCR 2006
01/01/96
.0401
10:16 NCR 2006
01/01/96
.0501 -
.0513
10:16 NCR 2006
01/01/96
.0601 -
.0602
10:16 NCR 2006
01/01/96
09L
.0301 -
.0302
10:16 NCR 2006
01/01/96
.0401 -
.0404
10:16 NCR 2006
01/01/96
SECRETARY OF STATE
18 NCAC 04
.0102
10:15 NCR 1567
02/01/96
.0201
10:15 NCR 1567
02/01/96
.0203
10:15 NCR 1567
02/01/96
.0205-
.0206
10:15 NCR 1567
02/01/96
.0302-
.0308
10:15 NCR 1567
02/01/96
.0311 -
.0314
10:15 NCR 1567
02/01/96
.0316 -
.0318
10:15 NCR 1567
02/01/96
.0401 -
.0402
10:15 NCR 1567
02/01/96
.0501 -
.0504
10:15 NCR 1567
02/01/96
05
.0101
10:15 NCR 1573
02/01/96
.0203 -
.0209
10:15 NCR 1573
02/01/96
.0304-
.0305
10:15 NCR 1573
02/01/96
.0404
10:15 NCR 1573
02/01/96
06
.1205-
.1206
10:05 NCR 306
09/01/95
.1208
10:05 NCR 306
09/01/95
.1302-
.1305
10:05 NCR 306
09/01/95
.1313
10:05 NCR 306
09/01/95
.1402
10:11 NCR 906
12/01/95
.1601 -
.1602
10:15 NCR 1575
02/01/96
.1604-
.1605
10:15 NCR 1575
02/01/96
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2952
CUMULATIVE INDEX
Proposed
Effective
Date
Fiscal Note
Effective
Agency/Rule Citation
Proposed in
Register
State
Local
Date
.1607
10:15 NCR 1575
02/01/96
07
.0302
10:15 NCR 1578
02/01/96
09
10:16 NCR 2015
04/01/96
.0101 - .0108
10:19 NCR 2480
04/01/96
.0109
10:21 NCR 2738
SOCIAL WORK,
BOARD OF
21 NCAC 63
.0306
10:13 NCR 1185
01/01/96
.0306
10:21 NCR 2739
01/01/96
Notice on Subject Matter
Temporary Adoption
Tert^Kiraiy Adoption
01/01/96 Temporary Amendment
SOIL SCIENTISTS, BOARD FOR LICENSING
21 NCAC 69 10:19 NCR 2507
Rule-Making Proceeding
STATE PERSONNEL
25
NCAC OIB
.0201
10:16 NCR 2155
02/01/96
.0203 -
.0207
10:16 NCR 2155
02/01/96
.0213
10:16 NCR 2155
02/01/96
.0414
10:16 NCR 2155
02/01/96
.0431
10:16 NCR 2155
02/01/96
.0437-
.0439
10:16 NCR 2155
02/01/96
OIC
.0207
10:04 NCR
264
08/01/95
.0402-
.0408
10:04 NCR
264
08/01/95
.0412
10:16 NCR
2155
02/01/96
OlD
.0201
10:04 NCR
264
08/01/95
.0205
10:04 NCR
264
08/01/95
.0207
10:04 NCR
264
08/01/95
.0211
10:04 NCR
264
08/01/95
.0401
10:12 NCR
986
12/01/95
.0406
10:12 NCR
986
12/01/95
.0504
10:12 NCR
986
12/01/95
.0509
10:07 NCR
588
10/01/95
.0510 -
.0511
10:12 NCR
986
12/01/95
.0515
10:12 NCR
986
12/01/95
.0520
10:16 NCR
2155
02/01/96
.0808
10O4NCR
264
08/01/95
,0910
10:12 NCR
986
12/01/95
.1001
10:04 NCR
264
08/01/95
.1001
10:12 NCR
986
12/01/95
.1005
10:12 NCR
986
12/01/95
.1009
10:04 NCR
264
08/01/95
.1009-
.1010
10:12 NCR
986
12/01/95
.1201
10:04 NCR
264
08/01/95
.1204
10:04 NCR
264
08/01/95
.1401
10:04 NCR
264
08/01/95
.1801 -
.1802
10:04 NCR
264
08/01/95
.1928
10:12 NCR
986
12/01/95
.2001
10:04 NCR
264
08/01/95
.2301 -
.2305
10:16 NCR 2155
02/01/96
.2601 -
.2604
10:12 NCR
986
12/01/95
OlE
.0304-
.0305
10:12 NCR
986
12/01/95
.0804
10:04 NCR
264
08/01/95
.1001 -
.1002
10:12 NCR
986
12/01/95
.1110
10:12 NCR
986
12/01/95
.1402-
.1411
10:07 NCR
588
10/01/95
OIH
.0628
10:12 NCR
986
12/01/95
Oil
.2301 -
.2310
10:12 NCR
986
12/01/95
OlJ
.0401 -
.0413
10:12 NCR
986
12/01/95
.0501 -
.0511
10:12 NCR
986
12/01/95
.0604-
.0606
10:07 NCR
588
10/01/95
.0608
10:07 NCR
588
10/01/95
.0610-
.0615
10:07 NCR
588
10/01/95
.0801 -
.0809
10:12 NCR
986
12/01/95
OlK
-0312
10:04 NCR
264
08/01/95
12/01/95
12/01/95
12/01/95
10/01/95
12/01/95
12/01/95
12/01/95
12/01/95
12/01/95
12/01/95
12/01/95
08/08/95
12/01/95
12/01/95
12/01/95
12/01/95
10/01/95
12/01/95
12/01/95
12/01/95
12/01/95
10/01/95
10/01/95
10/01/95
12/01/95
2953
NORTH CAROLINA REGISTER
February 15, 1996
10:22
CUMULATIVE INDEX
I
Agaicy/Rule Citation
Proposed in
Register
Proposed
Effective
Date
Fiscal Note
Effective
Date
Other Information
State
Local
I
.0318
10:12 NCR 986
12/01/95
.0701 - .0705
10:12 NCR 986
12/01/95
.0707 - .0708
10:12 NCR 986
12/01/95
OIL .0101 - .0106
10:12 NCR 986
12/01/95
SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD
21 NCAC
68
10:18 NCR 2401
.0101 - .0102
10:22 NCR 2850
08/01/96
.0201 - .0213
10:22 NCR 2850
08/01/96
.0401 - .0407
10:22 NCR 2850
08/01/96
.0501 -.0511
10:14 NCR 1382
02/01/96
.0601 - .0610
10:14 NCR 1382
02/01/96
.0701 - .0709
10:22 NCR 2850
08/01/96
THERAPEUTIC RECREATION CERTinCATION BOARD
21 NCAC
65 .0004
10:16 NCR 2140
02/01/96
.0006 - .0007
10:16 NCR 2140
02/01/96
TRANSPORTATION
19A NCAC
02D .0415
10:12 NCR 984
12/31/95
.0801
10:04 NCR 254
09/01/95
.1101 - .1112
10:16 NCR 2015
03/01/96
03D .0517
10:16 NCR 2020
02/01/96
.0549
10:16 NCR 2020
02/01/96
.0551 - .0553
10:16 NCR 2020
02/01/96
04A .0004
10:10 NCR 829
12/01/95
06B .0401 - .0417
10:16 NCR 2023
03/01/96
VETERINA
RY MEDICAL BOARD
21 NCAC
66 .0101
10:16 NCR 2143
04/01/96
.0105 - .0106
10:16 NCR 2143
04/01/96
.0108
10:16 NCR 2143
04/01/96
.0201 - .0203
10:16 NCR 2143
04/01/96
.0205 - .0210
10:16 NCR 2143
04/01/96
.0301
10:16 NCR 2143
04/01/96
.0303 - .0308
10:16 NCR 2143
04/01/96
.0310- .0311
10:16 NCR 2143
04/01/96
.0601
10:16 NCR 2143
04/01/96
.0606
10:16 NCR 2143
04/01/96
.0703
10:16 NCR 2143
04/01/96
12/01/95
12/01/95
12/01/95
12/02/95
Rule-Msking Proceeding
02/01/96
02/01/96
01/01/96
10/01/95
02/01/96
02/01/96
02/01/96
12/01/95
i^
10:22
NORTH CAROLINA REGISTER
February 15, 1996
2954
i
i
BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995
DESCRIPTION
ONETIME
PURCHASE
PRICE
ANNUAL
SUBSCRIPTION
PRICE
Title 1 - Dept. of Administration - Full Title
Division ot Purchase fit Contract
Federal Block Grant Funds
Title 2 - Dept. of Agriculture - Full Title
Food & Dnjg Protection Division
Structural Pest Control Committee
Agncultural Markets
Plant Industry
Animal Industry
Title 3 - Dept. of State Auditor - Full Title
Title 4 - Dept. of Commerce - Full Title
Alcoholic Beverage Control Commission
Banking Commission
Credit Union Division
Savings & Loan Division
Industrial Commission/Workers Compensation
Savings Institutions Division
Title B - Dept. of Corrections - Full Title
Division ot Prisons
Title 6 - Council of State - Full Title
Title 7 - Dept. of Cultural Resources - Full Title
Title 8 - State Board of Bections - Full Title
Title 9 - Offices of the Governor & Lt. Governor - Full Title
Title 10 - Dept. of Human Resources - Full Title
Licensing of Health Facilities
Detention Facilities
Mental Health & Rehabilitation Services
Social Services
Children Services/Day Care
Services for the Aging
Services for the Blind
Services for the Deaf & Hard of Hearing
Employment Opportunities
Title 11 - Dept. of Insurance • Full Title
Insurance
Consumer Services
Fire & Rescue Services
Agent Services
Engineenng & Building Codes
Title 12 - Dept. of Justice - Full Title
Private Protective Services
Police & Shenff's Education & Training Standards
NC Alarm Systems Licensing Board
Title 13 - Dept. of Labor - Fiil Title
Mine & Quarry Safety
General Safety/OSHA
Wage & Hour Rules
Boiler & Pressure Vessel Safety
Apprenticeship & Training
Elevator & Amusement Device Safety
Title 14A - Dept. of Crime Control & Public Safety - Full Title
Alcohol Law Enforcement
Victims Compensation Fund
Title 15A - Dept. of Environ., Health, & Nat. Resources - Full Title
Environmental Management
Air Quality
Water Quality
Land & Waste Management
Solid Waste Management
Underground Storage Tanks
201
00 00
201
10 05
201
10 33
202 00 00
202
15 09
202
15 34
202
15 43
202
15 48
202
15 52
203 00 00
204 00 00
204
15 02
204
15 03
204
15 06
204
15 09
204
15 10
204 15 16
206 00 00
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10 01
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10 04
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211
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215
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$80.00
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$10.00
$45.00
$495.00
$65.00
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$1 10.00
$170.00
$45.00
$45.00
$40.00
$25.00
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$90.00
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$35.00
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$110.00
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CODE
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$31.50
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♦ 105.00
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288 50 00
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Coastal Management
Environmental Hearth
Radiation/Nuclear Waste
Sanitation
Public Hearth
Intoxilizer & Breathalyser
Trde 16 - Dept. of Public Instruction - Full Title
Elementary & Secondary Education
Title 1 7 - Dept. of Revenue - Fiil Title
Taxes on Individuals
Taxes on Business
Sales & Use Tax Division
Motor Fuels Tax Division
Title 18 - Secretary of State - Full Title
Securities Division
Title 19A - Dept. of Transportation - Full Trde
Division of Highways
Division of Motor Vehicles
Title 20 - Dept. of the State Treasurer - Full Title
Title 21 - Occupational Licensing Boards - Full Title
Title 22 - Administrative Procedures Act - Repealed
Title 23 - Dept. of Community Colleges - Full Title
Trde 24 - Independent Agencies - Full Trde
Trde 25 - Office of State Personnel - Full Trde
Title 26 - Office of Administrative Hearings - Full Tide
Title 27 - North Carolina State Bar - Full Trde
North Carolina Administrative Code - Full Code
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